Terms of Service
Terms of Service
1. Terms and Conditions
Please read the following terms of services agreement (the "Agreement"), and all other materials referenced herein, carefully. By accessing or using any DataHouse Consulting, Inc. and its subsidiaries and affiliates (“HEALAX”) programs or any of the services HEALAX offers (“Services”), you hereby agree to be bound by all terms of this Agreement, including those referenced or incorporated herein by reference.
We reserve the right to change these Terms of Service or to impose new conditions at any time, in which case we will post the revised Terms of Service on the website. By continuing to use the Program after we post any such changes, you accept the Terms of Service, as modified. We also reserve the right to deny access to the Program or the Services to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Services or infringes on the rights of others.
2. Services Provided
HEALAX provides resources and a platform to connect individuals with participating health care professionals which may include wellness coaches, primary care practitioners, counselors, psychologists, specialists, subspecialists, and/or other allied healthcare professionals and/or universities staff , (the “Providers”) in real time, via live video conferencing, telephone and/or secure messaging for advising, collaborating and coaching of users over the Internet, as well as providing other types of administrative services and information (“Services”). Providers may be employees of DataHouse Consulting, Inc. and/or HEALAX, or may be independent contractors and not DataHouse Consulting, Inc. and/or HEALAX employees nor agents nor representatives. HEALAX’ role is limited to enabling the Providers’ to interact with you (also referred to as “user” herein), while the services themselves are the responsibility of the Provider who provides them.
All visitors to HEALAX website and applications, whether registered or not, paid subscribers or not, shall be deemed as "users" (or “user” or “you”) for the purpose of this Agreement. User acknowledges and agrees that the Services provided and made available through HEALAX website and applications are the sole property of DataHouse Consulting, Inc. This Agreement shall apply to all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. HEALAX hereby reserves the right to cancel and cease offering any of the aforementioned services and/or products at any time, with or without reasons provided. User acknowledges, accepts and agrees that HEALAX has authority and discretion to make any such termination, updates, modifications, revisions, suspensions or discontinuance of any of its Services and/or products. Continued use of the Services by user, shall constitute acceptance of such updates, changes and/or modifications.
3. Informed Consent to Services and Providing Information
During the registration for any services provided by HEALAX, User may be requested to identify an authorized medical practitioner to HEALAX.
Delivering HEALAX telehealth Services on the platform involves the use of electronic communications to enable Providers to engage users at locations convenient for users for the purpose of improving care. Users’ information may be used for advice, analysis, well-being/wellness assessments, social support, care coaching, and forming a care plan or strategy, follow-up and/or education (as well as for any purpose described in the Privacy Policy, incorporated by reference, see our privacy policy, and may include a variety of Personal Information, including demographic information such as name, gender, date of birth, home address, email address, as well as recorded or transcribed information from your interactions with the platform or with Providers. Responsibility for the user’s care shall remain with the User’s primary care physician.
User agrees to provide true, accurate, current and complete information as requested by HEALAX or specified on any required HEALAX form. If HEALAX reasonably suspects that such information is untrue, inaccurate, or incomplete, HEALAX has the right to suspend or terminate accounts and refuse any and all current or future use of HEALAX Services.
4. Confidentiality
Electronic systems used will incorporate network and software security protocols to protect the confidentiality of users’ data, including users’ identification information, and will include measures to safeguard the data. Occasionally the Provider may find it helpful to consult other professionals. The consultant is also legally bound to keep the information confidential. During a consultation, every effort is made to avoid revealing anyone’s identity. The consultant is also legally bound to keep the information confidential.
Minors: If you are a minor, under the age of 18, please be aware that the law may provide your parents with the right to information about you, including if there is a high risk that you will seriously harm yourself or someone else.
In general, the privacy of all communications between user and Provider is protected by law, and your Provider can only release information about you to others with your written permission. But there are a few exceptions as follows:
A. Legal Proceedings: In most legal proceedings, you have the right to prevent Providers and HEALAX from providing any information about your treatment. In some proceedings involving child custody and/or your emotional condition, a judge may order testimony.
B. Abuse: Your Provider is legally obligated to take action to protect others from harm, even if they have to reveal some information about you or your treatment. For example, if your Provider believes that a child, elderly, or disabled person is being abused, he or she must file a report with the appropriate state agency.
C. Danger to Others: If your Provider believes that a user is threatening serious bodily harm to another, they are required to take protective actions. These actions may include notifying the potential victim, contacting the police, or seeking hospitalization for the user.
D. Danger to Oneself: If the user threatens to harm himself or herself, your Provider may be obligated to seek hospitalization for him or her or to contact family members or others who can help provide protection. If this situation occurs, your Provider normally will make reasonable effort to discuss it with you before taking action.
5. Possible Risks
The risks involved with using the platform include:
• Inadequate connection or quality of transmitted information, which may be remedied by your Provider rescheduling the video consultation;
• Delays in evaluation by Providers, due to deficiencies or failures of the equipment;
• Judgment errors by Providers due to lack of access to complete medical records;
• Epileptic seizure when exposed to light patterns or backgrounds an electronic screen while using the platform. Light patterns or backgrounds may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you or anyone in your family have an epileptic condition, please consult a physician prior to using the platform or HEALAX Services and notify your Provider.
6. Limited Right to Use Materials; Limited Software License
HEALAX services and all materials on the platform are the exclusive property of DataHouse Consulting, Inc. and are protected by copyright, trademark, and other intellectual property laws. HEALAX services are provided to users solely for personal noncommercial use and may not be used in an unauthorized manner or one that constitutes commercial use or is an infringement of intellectual property rights unless authorized by HEALAX in writing. Modification, reproduction, distribution or creation of derivative works in any manner or medium on any material is prohibited. Requests for permission to reproduce or distribute materials from HEALAX can be directed to us at [email protected] .
All software accessed by User through the platform or in providing Services, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by patent or other rights. All such Software and related rights are owned by HEALAX. Your right to access and use the Software or download it, if permitted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such Software, you are granted a personal, non-transferable, non-exclusive license to (i) access and/or install, and run, one copy of the Software on a non-networked computer for your personal, non-commercial use; and (ii) reproduce the Software only as reasonably required to access, install, run, and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so. Other than the limited license granted herein, you have no right, title, interest, or other licenses in or to any Software or related rights. All Software is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; (v) that the Software shall process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.
7. Service Procedures
Sessions will be conducted via video or voice call with current standard conferencing technology. During each session, the following Services may be provided: Well-being/wellness assessments, social support, care coaching, appointment scheduling, appointment reminders and referrals. HEALAX may also make inquiries regarding user’s health, medication, diet, exercise, activities, hobbies, interests, pets, family and friends. User agrees to seek the advice of a physician, or other qualified health providers, with any questions regarding any condition they experience before or during any session.
8. Safety Plan
During registration, user may be asked to create a safety plan, including one or more contacts, to address how to handle any emergency situations during sessions. HEALAX retains the right to contact emergency personnel at any time during any session. Once emergency personnel has been contacted, HEALAX’s responsibility effectively ends , and user agrees to hold HEALAX harmless thereafter, and as specified in Section 11 below.
User is responsible for keeping all contact information up-to-date, including telephone number, address, phone numbers of designated contacts, and any other information HEALAX needs to provide Services. It is the user’s responsibility for coordinating a plan of action with the designated contact person(s) in the event we cannot reach you or in the case of an emergency.
9. Termination
Either party may terminate this Agreement and the Services at any time. User may cancel or terminate HEALAX by submitting a termination request to [email protected].
10. Disclaimers
THE INFORMATION, PRODUCTS AND SERVICES OFFERED AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEALAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALAX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALAX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF HEALAX SERVICES OR MATERIALS OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
User must provide and is solely responsible for all hardware and/or software necessary to access HEALAX Services. User assumes the entire cost and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
11. Limitation of Liability
YOU HEREBY RELEASE HEALAX AND AGREE TO HOLD HEALAX HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT HEALAX SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.HEALAX THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, HEALAX SERVICES, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES EVEN IF HEALAX IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT HEALAX IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF USER IS DISSATISFIED WITH THE SERVICE, OR ANY MATERIALS, PRODUCTS, OR WITH ANY OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE HEALAX SERVICE.
12. Your Account, Representations, Conduct and Commitments
You hereby confirm, agree, and acknowledge that:
• You are legally able to consent to receive Services or have the consent of a parent or guardian if required, and that you are legally able to enter into this Agreement.
• All the information that you provided in or through the platform, and the information that you will provide in or through the platform in the future, is accurate, true, current and complete. During the term of this Agreement, you will maintain and update this information so it will continue to be accurate, current and complete.
• You are responsible for maintaining the confidentiality of your password and any other security information related to your account. HEALAX advises you to change your password frequently and to take extra care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of your account security.
• HEALAX will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
• You are solely and fully liable and responsible for all activities performed using your account. You further acknowledge and agree that HEALAX will hold you liable and responsible for any damage or loss incurred as a result of the use of your account by any person whether authorized by you or not.
• You will not use the account of any other person for any reason.
• Your use of the platform and the Services are for your own personal use only.
• You will not interfere with or disrupt, or attempt to interfere with or disrupt, any HEALAX systems, services, servers, networks or infrastructure, or any of the platform's systems, services, servers, networks or infrastructure, including without limitation, obtaining unauthorized access to the aforementioned.
• You will not make any use of the platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
• You will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in your use of the platform and your relationship with the Providers and HEALAX and/or Datahouse Consulting, Inc.
13. Indemnification
User agrees to indemnify and hold harmless HEALAX, our affiliates, and directors, officers, managers, employees, shareholders, agents, representatives and licensors (“Indemnified Parties”), from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services or the platform, your violation of this Agreement by you or any other person using your account, or your violation of law, regulation or any rights of another. HEALAX reserves the right to exclusively defend any claim for which it is entitled to indemnification under this section at its sole cost and expense; and, in such event, the user agrees to provide HEALAX with all cooperation reasonably requested by HEALAX.
14. Mediation and Arbitration
All disputes arising out of or in relation to this Agreement shall be referred to mediation, as a pre-condition of the initiation of arbitration. The mediator shall be a neutral third party chosen by agreement of you and DataHouse Consulting, Inc. In the event that mediation is unsuccessful, any unresolved dispute related to this Agreement shall be submitted to and settled by binding arbitration in accordance with the rules of the American Arbitration Association; provided, however, that In the event that your account is overdue, DataHouse Consulting, Inc. can take any action or use any forum of its choice, including courts, to collect payment. The prevailing party in arbitration or collection proceedings shall be entitled to recover a reasonable sum for attorney’s fees. The cost of arbitration or mediation shall be split equally between you and DataHouse Consulting, Inc.
15. Miscellaneous
This Agreement, together with the HEALAX Privacy Policy constitutes the entire agreement between HEALAX and you with respect to the subject matter hereof and supersedes all previous and contemporaneous agreements, proposals, and communications, whether written or oral. User also may be subject to additional terms and conditions that apply when you use the products or services of a third party that are provided with our Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern.
Sections 4 and 10 to 16 of this Agreement shall survive the termination or expiration of this Agreement.
This agreement will be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law. If DataHouse Consulting, Inc. institutes a collection procedure in court under Section 14 above, the parties hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of courts in Honolulu, Hawaii. If any term, provision, covenant or condition of this Agreement is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
This Agreement shall be deemed to have been drafted by all parties and, in the event of a dispute, no party hereto shall be entitled to claim that any provision should be construed against any other party by reason of the fact that it was drafted by one particular party.
This Agreement may be executed in one or more counterparts, all of which together shall constitute a single, original agreement.
The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or interpretation of this Agreement or any section thereof.
By creating a HEALAX account, I agree that I have read and agree to: the Privacy Policy and the terms and conditions of this Agreement, and that I voluntarily agree to the Services and use of the platform.
1. Terms and Conditions
Please read the following terms of services agreement (the "Agreement"), and all other materials referenced herein, carefully. By accessing or using any DataHouse Consulting, Inc. and its subsidiaries and affiliates (“HEALAX”) programs or any of the services HEALAX offers (“Services”), you hereby agree to be bound by all terms of this Agreement, including those referenced or incorporated herein by reference.
We reserve the right to change these Terms of Service or to impose new conditions at any time, in which case we will post the revised Terms of Service on the website. By continuing to use the Program after we post any such changes, you accept the Terms of Service, as modified. We also reserve the right to deny access to the Program or the Services to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Services or infringes on the rights of others.
We reserve the right to change these Terms of Service or to impose new conditions at any time, in which case we will post the revised Terms of Service on the website. By continuing to use the Program after we post any such changes, you accept the Terms of Service, as modified. We also reserve the right to deny access to the Program or the Services to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy the Services or infringes on the rights of others.
2. Services Provided
HEALAX provides resources and a platform to connect individuals with participating health care professionals which may include wellness coaches, primary care practitioners, counselors, psychologists, specialists, subspecialists, and/or other allied healthcare professionals and/or universities staff , (the “Providers”) in real time, via live video conferencing, telephone and/or secure messaging for advising, collaborating and coaching of users over the Internet, as well as providing other types of administrative services and information (“Services”). Providers may be employees of DataHouse Consulting, Inc. and/or HEALAX, or may be independent contractors and not DataHouse Consulting, Inc. and/or HEALAX employees nor agents nor representatives. HEALAX’ role is limited to enabling the Providers’ to interact with you (also referred to as “user” herein), while the services themselves are the responsibility of the Provider who provides them.
All visitors to HEALAX website and applications, whether registered or not, paid subscribers or not, shall be deemed as "users" (or “user” or “you”) for the purpose of this Agreement. User acknowledges and agrees that the Services provided and made available through HEALAX website and applications are the sole property of DataHouse Consulting, Inc. This Agreement shall apply to all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. HEALAX hereby reserves the right to cancel and cease offering any of the aforementioned services and/or products at any time, with or without reasons provided. User acknowledges, accepts and agrees that HEALAX has authority and discretion to make any such termination, updates, modifications, revisions, suspensions or discontinuance of any of its Services and/or products. Continued use of the Services by user, shall constitute acceptance of such updates, changes and/or modifications.
3. Informed Consent to Services and Providing Information
During the registration for any services provided by HEALAX, User may be requested to identify an authorized medical practitioner to HEALAX.
Delivering HEALAX telehealth Services on the platform involves the use of electronic communications to enable Providers to engage users at locations convenient for users for the purpose of improving care. Users’ information may be used for advice, analysis, well-being/wellness assessments, social support, care coaching, and forming a care plan or strategy, follow-up and/or education (as well as for any purpose described in the Privacy Policy, incorporated by reference, see our privacy policy, and may include a variety of Personal Information, including demographic information such as name, gender, date of birth, home address, email address, as well as recorded or transcribed information from your interactions with the platform or with Providers. Responsibility for the user’s care shall remain with the User’s primary care physician.
User agrees to provide true, accurate, current and complete information as requested by HEALAX or specified on any required HEALAX form. If HEALAX reasonably suspects that such information is untrue, inaccurate, or incomplete, HEALAX has the right to suspend or terminate accounts and refuse any and all current or future use of HEALAX Services.
4. Confidentiality
Electronic systems used will incorporate network and software security protocols to protect the confidentiality of users’ data, including users’ identification information, and will include measures to safeguard the data. Occasionally the Provider may find it helpful to consult other professionals. The consultant is also legally bound to keep the information confidential. During a consultation, every effort is made to avoid revealing anyone’s identity. The consultant is also legally bound to keep the information confidential.
Minors: If you are a minor, under the age of 18, please be aware that the law may provide your parents with the right to information about you, including if there is a high risk that you will seriously harm yourself or someone else.
In general, the privacy of all communications between user and Provider is protected by law, and your Provider can only release information about you to others with your written permission. But there are a few exceptions as follows:
A. Legal Proceedings: In most legal proceedings, you have the right to prevent Providers and HEALAX from providing any information about your treatment. In some proceedings involving child custody and/or your emotional condition, a judge may order testimony.
B. Abuse: Your Provider is legally obligated to take action to protect others from harm, even if they have to reveal some information about you or your treatment. For example, if your Provider believes that a child, elderly, or disabled person is being abused, he or she must file a report with the appropriate state agency.
C. Danger to Others: If your Provider believes that a user is threatening serious bodily harm to another, they are required to take protective actions. These actions may include notifying the potential victim, contacting the police, or seeking hospitalization for the user.
D. Danger to Oneself: If the user threatens to harm himself or herself, your Provider may be obligated to seek hospitalization for him or her or to contact family members or others who can help provide protection. If this situation occurs, your Provider normally will make reasonable effort to discuss it with you before taking action.
5. Possible Risks
The risks involved with using the platform include:
• Inadequate connection or quality of transmitted information, which may be remedied by your Provider rescheduling the video consultation;
• Delays in evaluation by Providers, due to deficiencies or failures of the equipment;
• Judgment errors by Providers due to lack of access to complete medical records;
• Epileptic seizure when exposed to light patterns or backgrounds an electronic screen while using the platform. Light patterns or backgrounds may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you or anyone in your family have an epileptic condition, please consult a physician prior to using the platform or HEALAX Services and notify your Provider.
6. Limited Right to Use Materials; Limited Software License
HEALAX services and all materials on the platform are the exclusive property of DataHouse Consulting, Inc. and are protected by copyright, trademark, and other intellectual property laws. HEALAX services are provided to users solely for personal noncommercial use and may not be used in an unauthorized manner or one that constitutes commercial use or is an infringement of intellectual property rights unless authorized by HEALAX in writing. Modification, reproduction, distribution or creation of derivative works in any manner or medium on any material is prohibited. Requests for permission to reproduce or distribute materials from HEALAX can be directed to us at [email protected] .
All software accessed by User through the platform or in providing Services, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by patent or other rights. All such Software and related rights are owned by HEALAX. Your right to access and use the Software or download it, if permitted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such Software, you are granted a personal, non-transferable, non-exclusive license to (i) access and/or install, and run, one copy of the Software on a non-networked computer for your personal, non-commercial use; and (ii) reproduce the Software only as reasonably required to access, install, run, and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so. Other than the limited license granted herein, you have no right, title, interest, or other licenses in or to any Software or related rights. All Software is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; (v) that the Software shall process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.
7. Service Procedures
Sessions will be conducted via video or voice call with current standard conferencing technology. During each session, the following Services may be provided: Well-being/wellness assessments, social support, care coaching, appointment scheduling, appointment reminders and referrals. HEALAX may also make inquiries regarding user’s health, medication, diet, exercise, activities, hobbies, interests, pets, family and friends. User agrees to seek the advice of a physician, or other qualified health providers, with any questions regarding any condition they experience before or during any session.
8. Safety Plan
During registration, user may be asked to create a safety plan, including one or more contacts, to address how to handle any emergency situations during sessions. HEALAX retains the right to contact emergency personnel at any time during any session. Once emergency personnel has been contacted, HEALAX’s responsibility effectively ends, and user agrees to hold HEALAX harmless thereafter, and as specified in Section 11 below.
User is responsible for keeping all contact information up-to-date, including telephone number, address, phone numbers of designated contacts, and any other information HEALAX needs to provide Services. It is the user’s responsibility for coordinating a plan of action with the designated contact person(s) in the event we cannot reach you or in the case of an emergency.
9. Termination
Either party may terminate this Agreement and the Services at any time. User may cancel or terminate HEALAX by submitting a termination request to [email protected].
10. Disclaimers
THE INFORMATION, PRODUCTS AND SERVICES OFFERED AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEALAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALAX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALAX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF HEALAX SERVICES OR MATERIALS OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
User must provide and is solely responsible for all hardware and/or software necessary to access HEALAX Services. User assumes the entire cost and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
11. Limitation of Liability
YOU HEREBY RELEASE HEALAX AND AGREE TO HOLD HEALAX HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT HEALAX SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.HEALAX THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, HEALAX SERVICES, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES EVEN IF HEALAX IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT HEALAX IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF USER IS DISSATISFIED WITH THE SERVICE, OR ANY MATERIALS, PRODUCTS, OR WITH ANY OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE HEALAX SERVICE.
12. Your Account, Representations, Conduct and Commitments
You hereby confirm, agree, and acknowledge that:
• You are legally able to consent to receive Services or have the consent of a parent or guardian if required, and that you are legally able to enter into this Agreement.
• All the information that you provided in or through the platform, and the information that you will provide in or through the platform in the future, is accurate, true, current and complete. During the term of this Agreement, you will maintain and update this information so it will continue to be accurate, current and complete.
• You are responsible for maintaining the confidentiality of your password and any other security information related to your account. HEALAX advises you to change your password frequently and to take extra care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of your account security.
• HEALAX will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
• You are solely and fully liable and responsible for all activities performed using your account. You further acknowledge and agree that HEALAX will hold you liable and responsible for any damage or loss incurred as a result of the use of your account by any person whether authorized by you or not.
• You will not use the account of any other person for any reason.
• Your use of the platform and the Services are for your own personal use only.
• You will not interfere with or disrupt, or attempt to interfere with or disrupt, any HEALAX systems, services, servers, networks or infrastructure, or any of the platform's systems, services, servers, networks or infrastructure, including without limitation, obtaining unauthorized access to the aforementioned.
• You will not make any use of the platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
• You will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in your use of the platform and your relationship with the Providers and HEALAX and/or Datahouse Consulting, Inc.
13. Indemnification
User agrees to indemnify and hold harmless HEALAX, our affiliates, and directors, officers, managers, employees, shareholders, agents, representatives and licensors (“Indemnified Parties”), from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services or the platform, your violation of this Agreement by you or any other person using your account, or your violation of law, regulation or any rights of another. HEALAX reserves the right to exclusively defend any claim for which it is entitled to indemnification under this section at its sole cost and expense; and, in such event, the user agrees to provide HEALAX with all cooperation reasonably requested by HEALAX.
14. Mediation and Arbitration
All disputes arising out of or in relation to this Agreement shall be referred to mediation, as a pre-condition of the initiation of arbitration. The mediator shall be a neutral third party chosen by agreement of you and DataHouse Consulting, Inc. In the event that mediation is unsuccessful, any unresolved dispute related to this Agreement shall be submitted to and settled by binding arbitration in accordance with the rules of the American Arbitration Association; provided, however, that In the event that your account is overdue, DataHouse Consulting, Inc. can take any action or use any forum of its choice, including courts, to collect payment. The prevailing party in arbitration or collection proceedings shall be entitled to recover a reasonable sum for attorney’s fees. The cost of arbitration or mediation shall be split equally between you and DataHouse Consulting, Inc.
15. Miscellaneous
This Agreement, together with the HEALAX Privacy Policy constitutes the entire agreement between HEALAX and you with respect to the subject matter hereof and supersedes all previous and contemporaneous agreements, proposals, and communications, whether written or oral. User also may be subject to additional terms and conditions that apply when you use the products or services of a third party that are provided with our Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern.
Sections 4 and 10 to 16 of this Agreement shall survive the termination or expiration of this Agreement.
This agreement will be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law. If DataHouse Consulting, Inc. institutes a collection procedure in court under Section 14 above, the parties hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of courts in Honolulu, Hawaii. If any term, provision, covenant or condition of this Agreement is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
This Agreement shall be deemed to have been drafted by all parties and, in the event of a dispute, no party hereto shall be entitled to claim that any provision should be construed against any other party by reason of the fact that it was drafted by one particular party.
This Agreement may be executed in one or more counterparts, all of which together shall constitute a single, original agreement.
The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or interpretation of this Agreement or any section thereof.
By creating a HEALAX account, I agree that I have read and agree to the Privacy Policy and the terms and conditions of this Agreement, and that I voluntarily agree to the Services and use of the platform.
