Terms & Conditions
www.healtheo360.com and all affiliated sub-domains (the "Site") is provided by healtheo360 LLC to you subject to the following Terms and Conditions of Use and any operating rules or policies that may be published from time to time by healtheo360. By accessing the Site, you accept without limitation or qualification all of the terms and conditions in this user agreement.
The following terms constitute an agreement between you and healtheo360 LLC (“healtheo360”), the operator of www.healtheo360.com (the “Site”). This agreement governs your use of the Site, both as a casual visitor and a registered member as described below.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. TO THE EXTENT YOU REGISTER ON THE SITE AS A MEMBER, THEN IN ADDITION TO THE TERMS THAT ARE APPLICABLE TO ALL USERS OF THE SITE, THE TERMS THAT APPLY ONLY TO MEMBERS SHALL APPLY TO YOU TOO.
healtheo360 Membership Eligibility
To become a member and access the area on this Site reserved for members, including all private discussion forums (the “Member Area”), healtheo360 requires that you are either a (a) diagnosed patient of the particular condition community you are joining or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to join such community, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants, (e) person who has been sanctioned to maintain, operate, organize or otherwise facilitate any of the private discussion forums on the Site (a “Facilitator”) and/or (f) guest as authorized by a healtheo360 member, or board member.
Children under the age of 13 are prohibited from registering as members. By registering as a member you represent that you are age 13 or older.
healtheo360 Does Not Provide Medical Advice
ALL OF THE MATERIAL PROVIDED ON THE SITE, SUCH AS TEXT, VIDEOS, TREATMENTS, DOSAGES, OUTCOMES, CHARTS / ILLISTRATIONS, PATIENT PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, GROUP POSTING, BLOG POSTINGS, FORUM POSTINGS, AND ANY OTHER MATERIAL PROVIDED ON THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. NEITHER HEALTHEO360 NOR ANY FACILITATOR RECOMMENDS OR ENDORSE SANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY HEALTHEO360, BY PERSONS APPEARING ON THE SITE AT THE INVITATION OF HEALTHEO360 (INCLUDING ANY FACILITATOR), OR BY OTHER MEMBERS IS SOLELY AT YOUR OWN RISK.
Acceptable and Lawful Use of the healtheo360 Site by Members
Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene, indecent, sexually explicit, or of a sexual nature; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.
No Sexually Explicit or Pornographic Material
Members shall not post or upload any information or other content on the Site that is obscene, indecent, sexually explicit, contains pornography or of a sexual nature; Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual. Any uploaded content of a sexual nature will be removed from healtheo360 site and membership in the community revoked.
No Interference with Operation of Site
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
Site for Non-Commercial Use Only
The Site content, including the Member Area and the content and information contained in the Member Area, is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Site without express consent from healtheo360. Members of healtheo360 with individual commercial interests may not solicit, advertise or overtly promote their products or services within the Member Area. All content shared within the site is not for external use. To garner permission and access to members, please direct all research, media and analyst inquiries to firstname.lastname@example.org. Representatives from life sciences and insurance companies are prohibited from creating member profiles in our communities. Please direct inquiries to email@example.com.
Private Discussion Forums; Facilitators
The Member Area includes private discussion forums which are moderated by the Site’s Facilitators, including forums whereby (1) a Member will only be permitted access to such forum upon acceptance by the Site and/or a Facilitator and (2) the participants will be comprised of those Members who have joined an external support group and who are using the Site as an extension of such support group (“External Group”). In no event will any Member be entitled to join any such private discussion forum unless and until such Member has been permitted access by the Site and/or a Facilitator. All such private discussion forums shall be governed by these Terms and Conditions, as modified from time to time.
The Facilitators are not employees or representatives of the Site, and the views expressed by any Facilitator are not necessarily the views of healtheo360. Healtheo360 is not responsible for monitoring or supervising any Facilitator, and fully disclaims any liability for the actions taken by the Facilitators, as more fully described in these Terms and Conditions. In no event shall any Facilitator be deemed to be providing any medical advice. The Facilitator of any private discussion forum may quit or may be removed or replaced from time to time without notice to any Member.
Healtheo360 keeps the Facilitators separate and distinct from its staff dedicated to sponsors or partners. No person will serve as both a Facilitator and a member of healtheo360’s staff, and no Facilitator will be asked to perform duties on behalf of a sponsor or provide favored treatment to a sponsor or partner.
With regard to the private discussion forums related to an External Group, including External Groups which meet at one or more physical locations, healtheo360 does not supervise any of these External Groups or any related physical locations, and healtheo360 is not involved in any way with the actions of any Facilitators or Members who provide or receive support services or meet in connection with such services. As a result, healtheo360 has no control over the actions of the Facilitators or Members who provide or receive such services or meet in connection with such services, and healtheo360 requests that the Facilitators and Members exercise caution and good judgment when providing or receiving services or meeting with others in connection with such services. Because healtheo360 does not supervise or control any of the services provided or received by Facilitators or Members or any of the physical locations at which services may be provided, or any meetings or interactions among or between Facilitators, Members and other persons, and because healtheo360 has very limited control, if any, over the information that Facilitators and Members upload, post, email, transmit or otherwise make available via the Site, each Member agrees that such Member bears all risk and full responsibility for, and agrees to release healtheo360 from, all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with, such Member’s use of the Site, such Member’s provision or receipt of any services in connection with the Site or any meetings or interactions among or between Facilitators and Members and other persons in connection with the Site. Each Member further waives any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Posting and Use of Content in the Member Area
While some community areas in the Member Area are monitored periodically for topicality, neither healtheo360 nor any Facilitator has any obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Member Area by a member or emailed to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.
Advertisements and Promotions
Healtheo360 may run advertisements and promotions from third parties on the web site. The manner, mode and extent of advertising by healtheo360 is subject to change. Each Member’s correspondence or business dealings with, or participation in promotions of, advertisers other than healtheo360 found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between such Member and such advertiser. Healtheo360 is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-healtheo360 advertisers on the Site.
Sponsors and Supporters
Since launching the Site, healtheo360 has regularly sought sponsorships and advertisements from relevant commercial organizations, manufacturers, and other leaders dedicated to providing health, wellness and lifestyle information. These sponsorships or supports, which are a form of advertising, enable healtheo360 to provide Members with relevant content and support groups at no cost to the Members. Healtheo360 provides opportunities for sponsors to provide Members with marketing messages and information about their products and services by publishing their information or links within the Site. Healtheo360 takes several steps to ensure that Members can clearly identify content that is provided by and is under the editorial control of the sponsors before Members view it, so Members can make an informed decision as to whether or not to view such content.
"Refer a Friend" Program
From time to time in its sole discretion, healtheo360 may offer its members the opportunity to participate in its [‘Refer a Friend’] program (the “Referral Program”), whereby a member will have the opportunity to submit the names of the member’s friends and family for potential membership on the Site. Under the Referral Program, healtheo360 will make a donation of $10 to a “Qualifying Charity” (see below) selected by the referring member or healtheo360, as applicable, for every 5 Successful Referrals. A “Successful Referral” is a person who is not a current or past member of the Site who has completed and submitted all application materials and been accepted as a member. For complete rules regarding the Referral Program, please visit the [‘Refer a Friend’] section in the Member Area.
The following terms and conditions shall govern during all periods in which healtheo360 is offering the Referral Program:
- healtheo360 may suspend, modify, or terminate the Referral Program, in whole or in part, for any reason, at any time. Participation in the Referral Program and the benefits that are offered to the members who participate in the Referral Program are at the sole discretion of healtheo360.
- The Referral Program is available only to current members of the Site. The Referral Program is designed for personal and corporate referrals, and not spammers.
- The eligibility of any person referred by a member for membership on the Site will be subject to the terms and conditions described above under “healtheo360 Membership Eligibility,” as updated from time to time, and Healtheo360 shall not be required to accept the membership of any such referred persons.
- Prior to making any donation, healtheo360 reserves the right, in its sole discretion, to confirm that a charitable organization selected by a member has values which are consistent with the values of healtheo360 (a “Qualifying Charity”). If healtheo360 determines that the organization selected by a member is not a Qualifying Charity, then healtheo360 will be entitled to remit the donations on behalf of such member to a Qualifying Charity selected by healtheo360 (i.e., another charitable organization whose values are consistent with those of healtheo360). A partial list of current Qualifying Charities can be found in the [‘Refer a Friend’] section in the Member Area.
- Each time a member has made 5 Successful Referrals, healtheo360 will promptly notify such referring member.
- A referring member will only qualify for a donation in respect of every 5th Successful Referral. For example, with respect to a member who has provided healtheo360 with 14 Successful Referrals, healtheo360 will donate $20 to the applicable Qualifying Charity. If such member successfully refers a 15th person at a later time, then healtheo360 will make an additional $10 donation to the Qualifying Charity, assuming that the Referral Program is in effect during all such periods.
- Each member participating in the Referral Program acknowledges that any available charitable tax deductions arising from the Referral Program will be for the benefit of healtheo360, not the member.
- The Referral Program is not available to employees, consultants, directors, shareholders or other representatives of healtheo360.
- Healtheo360 may declare the Referral Program to be void where it is taxed, regulated, prohibited or restricted by applicable law.
- The decisions of healtheo360 in respect of any and all aspects of the Referral Program will be final and binding.
- Healtheo360 expressly disclaims any and all liability arising from the Referral Program.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.
Member Password and Login Identity
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify healtheo360 of any unauthorized use of your membership password or login or any other breach of security.
Links to Other Websites
healtheo360 may contain links to other websites that are not under the control of healtheo360. The inclusion of any link does not imply endorsement by healtheo360 of such site and healtheo360 is not responsible for the content of such linked sites.
You agree that healtheo360 may, with or without cause, immediately terminate your healtheo360 membership or limit or terminate your access to the Member Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by healtheo360 of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. healtheo360 has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Membership with healtheo360 is currently free. healtheo360 LLC reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
Disclaimer of Warranties
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER HEALTHEO360 NOR ANY FACILITATOR MAKES, AND EACH OF THEM HEREBY DISCLAIMS, ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE, THE SITE CONTENT, OR ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE TO THE EXTENT PERMITTED BY LAW. NEITHER HEALTHEO360 NOR ANY FACILITATOR WARRANTS THAT ACCESS TO THE SITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS POSTED OR EMAILED BY FACILITATORS OR OTHER MEMBERS OF THE SITE ARE NOT IN ANY WAY VETTED, APPROVED OR ENDORSED BY HEALTHEO360, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HEALTHEO360, ITS FACILITATORS, PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DUE TO YOUR USE OF THIS SITE OR DUE TO YOUR RELIANCE ON ANY OF THE CONTENT CONTAINED OR THE SERVICES PROVIDED ON THE SITE.
You agree to indemnify and hold harmless healtheo360, its Facilitators, officers, employees, agents, subsidiaries, affiliates and other partners, 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 violation of this Agreement.
If you register as a member, you agree that healtheo360 may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).
Governing Law and Venue
This agreement shall be governed by the laws of the Commonwealth of New York and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of New York, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of New York.
healtheo360® and the healtheo360 logo are trademarks of healtheo360. You agree not to display or use these trademarks in any manner without healtheo360's prior, written permission.
healtheo360 may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
Effective May 1, 2012
healtheo360 (www.healtheo360.com) (“Site”) is a sharing web site. Our goal is to provide a platform for patients who want to share their health information to create collective knowledge about disease, health, wellness, and treatments. Being open about one’s health is not for everyone, and we strive, with full transparency, to outline the benefits and risks of being part of this sharing site, including those related to privacy.
WHAT KIND OF INFORMATION HEALTHEO360 COLLECTS
Some of the information that Members provide about themselves may be shared with the healtheo360 community, healtheo360’s facilitators, Partners, and others (“Shared Data”). Examples of Shared Data that Members may submit at the Site, including through their health profile (“My Profile”), may include:
Biographical information, e.g. photograph, biography, gender, age, location (city, state and country), general notes;
Condition/disease information, e.g. diagnosis date, first symptom, family history;
Treatment information, e.g. treatment start dates, stop dates, dosages, side effects, treatment evaluations;
Symptom information, e.g. severity, duration;
Primary and secondary outcome scores over time, e.g. ALSFRS-R, MSRS, PDRS, FVC, PFRS, Mood Map, Quality of Life, weight, InstantMe;
Laboratory results, e.g. CD-4 count, viral load, creatinine;
Genetic information, e.g. information on individual genes and/or entire genetic scans
Individual and aggregated survey responses;
Information shared via free text fields, e.g. the forum, treatment evaluations, surveys, annotations, journals, feeds, adverse event reports; and
Connections to other people on the Site, e.g. group member.
In the course of using the Site, Members may share information that could be used to reasonably identify them (“Personal Information”), including name, photograph, and email address. When a Member chooses to share Personal Information via a free text field (e.g. forum, treatment evaluations, annotations, journals, feeds and adverse event reports) and photos or images, the information shall be treated as Shared Data.
Some of the information that Members enter into certain fields when registering to use or using the Site will not be shared (“Restricted Data”). The type of Restricted Data that Members may submit at the Site may include:
Name, as collected as part of registration or in a Member’s Account Information;
Email address, as collected and verified as part of registration or in a Member’s Account Information;
Password, as collected as part of registration or in a Member’s Account Information.
Mailing address, as collected via email, forms, or private message as part of Member programs;
Date of birth, as collected in My Profile; and
When a Member enters Personal Information, including name and email address, as part of registering to use healtheo360, that Personal Information is treated as Restricted Data.
A cookie is a small data file that often includes an anonymous, unique token, which is sent to your browser from a website’s computers and may be stored on your computer’s hard drive. Two types of cookies are required to use the Site:
Session Cookies are temporary cookies that remain only until you log out of the website or exit your web browser. Session Cookies do not store any Personal Information, only a unique visitor ID number that may be used to ensure Members are properly authenticated and can view site information.
Persistent Cookies remain in the cookie file of your browser for much longer, even after you leave the Site. Persistent Cookies also do not store any Personal Information. Persistent Cookies store preferences that should persist from visit to visit, like “Remember Me,” and a unique token to enable us to understand how Members use the Site.
HOW HEALTHEO360 WILL USE YOUR SHARED DATA
Members should expect that every piece of information they submit (even if it is not currently displayed), except for Restricted Data, may be shared with the community, healtheo360’s facilitators, other patients, and Partners. Members are encouraged to share health information but should consider that the more information that is entered, the more likely it is that a Member could be located or identified.
There are instances where both Shared Data and Restricted Data, including Personal Information, may be used and disclosed including, but not limited to, the following:
healtheo360 uses both Shared Data and Restricted Data internally, as needed, for research, for maintenance and operation of the Site, and to create the best possible tools and functionality for patients and caregivers.
healtheo360 may use a Member’s data in the case of an emergency or other circumstance that we determine requires a member of the management team to directly contact the Member.
healtheo360 may share or disclose a Member’s data where required by law or to comply with legal process.
In the event healtheo360 goes through a business transition, such as a merger, acquisition by another organization, or sale of all or a portion of its assets, the Shared Data and Restricted Data, including Personal Information, might be among the assets transferred. Members will be notified via this Site of any such change in ownership or control of Personal Information.
How Shared Data is Used by Healtheo360
Shared Data is viewable via My Profile and through aggregated reports that are made available to other healtheo360 Members. In some instances, this Shared Data is also viewable to those not registered to join healtheo360 (“Non-members”). We report publicly Shared Data in aggregate, such as the number of patients on a particular treatment or the number of patients experiencing a particular symptom. If a Member chooses to designate My Profile as “Public” (see Privacy Settings below), their Shared Data can also be viewed by Non-members and linked with aggregated reports.
healtheo360 may also periodically ask Members to complete short surveys about their experiences (including questions about products and services). Survey responses are analyzed, combined with Members’ Shared Data and shared with and/or sold to Partners. Member participation in these surveys is not required, and refusal to do so will not impact a Member’s experience on the Site.
healtheo360 may also report individual adverse event and drug safety information to the FDA, CDC, and/or other regulatory bodies (U.S. and international) as well as directly to pharmaceutical and biotechnology companies. healtheo360 does not provide Restricted Data to such regulatory bodies, although we reserve the right to contact Members for follow-up at the request of agencies or Partners. The information healtheo360 reports includes, but is not limited to, all of the information about the Member and/or free text or images on the forums or evaluations, which may include Shared Data. In addition, certain areas within our Site are provided with the support of Partners. These Partners may have adverse event reporting requirements that relate to regulated products that are used by Members of our community, and healtheo360 assists such Partners with reporting adverse events to regulatory agencies.
healtheo360, like most Internet communities, is a public forum, and Members acknowledge and accept that any information shared through free text or images might be connected to Members’ Shared Data (which may be shared with, sold to, or displayed for others). For example, if a Member puts his or her name (or other Personal Information) into a free text field like the biography, forum, journals or annotations, the Member should know this information may be included in what is shared with, displayed for, or sold to Partners.
RISKS AND BENEFITS
While our goal is to help patients improve health outcomes, there are no certain benefits to using this website.
There are also no known risks to using this website, but there is a possibility that users may feel uncomfortable sharing information online. It is possible that a Member could be identified using information shared on healtheo360 (and/or in conjunction with other data sources). A Member could be discriminated against or experience repercussions as a result of the information shared. For example, it is possible that employers, insurance companies, or others may discriminate based on health information.
In using the Site, Members are free to skip any non-required questions or data fields that make them feel uncomfortable. Members are also free to stop using this service at any time. If a Member chooses to deactivate his/her account, healtheo360 will not display or sell the data in that account as of the date of deactivation. However, the Member’s data will remain in the system for auditing purposes, and research conducted prior to the deactivation of a Member’s account will still include the Member’s data.
Our Human Spirit Champions
In order to be eligible for the healtheo360 (h360) Our Human Spirit (OHS) Awards Program (the "Awards Program"), nominees can be of any age. OHS Champions may be nominated as set forth herein or chosen by h360. People submitting nominations ("Nominator(s)") must be at least eighteen (18) years of age as of January 1, 2014. At any time, at h360’s discretion, a Nominee may be deemed ineligible for nomination or participation in the Awards Program, be deemed ineligible to receive a monetary prize under the Awards Program or have the monetary prize otherwise due such person as part of the Awards Program (if any) donated to a charitable organization selected by h360 in its sole discretion. Employees and immediate family members of h360 LLC and its subsidiaries and sponsors of the Awards Program as well as advertising and promotional agencies directly involved in the Awards Program (the "Awards Program Entities") are not eligible to participate in the Awards Program or submit nominations. Healtheo360 LLC ("h360") and the sponsors of the Awards Program shall herein be collectively referred to as the "Sponsors".
To submit your nomination for the Awards Program log on to www.healtheo360.com and fill out the submission form providing all required contact information for you and your nominee. Nominations MUST be submitted online. Mail-in nominations will not be accepted. Nominations must be submitted on behalf of another person. Self-nominations will not be accepted. Nominations must be submitted in English only. Nominations may only be submitted in the name of a single person; group nominations are not acceptable. False or deceptive nominations or acts may render a nominee ineligible. All nominations become the property of h360 and will not be returned. H360 reserves the right to edit the nomination as it sees fit for use in publication or promotion. By submitting a nomination you agree to grant Sponsors the right without obligation, unless prohibited by law, to use the contents of your nomination, your name, voice, picture and likeness, without compensation, for the purpose of advertising and publicizing all matters related to the Awards Program and/or the Sponsors in any medium, throughout the world in perpetuity.
H360 will choose each OHS Hero from all Eligible Nominees and eligible individuals chosen to be profiled by h360 as OHS Champions ("Champion" or "Champions"). Champions deemed solely by h360 to meet the requirements set forth herein may be presented online for public viewing and some may be subject to voting for the OHS Champion Award. It is h360’s sole discretion which Champions advance to the voting phase. ??
- A h360 Review Panel ("Panel") will select potential finalists (the "Finalists") and an alternate from the group of Champions.
- The final round of judging will be done by the h360 final panel. The Winners will be announced on www.healtheo360.com. ?
Please note that even if a Finalist may appear to be a leader or Winner h360 shall declare all official Winners. All Finalists are subject to verification by h360 and must meet all eligibility requirements including the execution and return of all necessary releases, or they may be disqualified. The decisions of the Panel will be final and binding. If more than one nomination is received for a particular Eligible Nominee, h360, in its sole discretion may consider any of the nominations for that individual in its judging. Whether a nominator is identified and which nominator is identified, if there are multiple nominations for one individual, is in the sole discretion of h360. H360 is not bound by any voting or judging mechanism set forth herein as it maintains sole discretion to name Finalists and Winners and provide awards.
Notification and Publication
Some nominees may be notified by phone, email, or postal service and may be required to submit additional information. At the sole discretion of h360, Finalists may be asked to attend an awards ceremony ("Awards Ceremony"). If asked to attend an Awards Ceremony, Finalists will be responsible for obtaining all proper documentation (e.g., Visa, Passport) prior to travel. Whether or not compensation will be provided for any portion of such travel will be in h360’s sole discretion. A Finalist may be disqualified at h360’s discretion if he/she chooses not to or is unable to attend the Awards Ceremony. ??Finalists and any OHS Champion to be featured online may be required to sign an affidavit verifying their eligibility in this Awards Program including, but not limited to, liability releases, tax acknowledgment forms and, except where prohibited by law, use of name and likeness releases ("Release Documents") and return such documents within seven (7) days of issuance of notification. Execution of the Release Documents will grant Sponsors the right, unless prohibited by law, to use the individuals' names, voices, likenesses, and any of the material provided by them or about them without compensation, for the purpose of advertising and publicizing the services of the Sponsors, all matters related to the Awards Program and the Awards Ceremony in any medium, throughout the world in perpetuity. Notification and/or the featuring of a OHS Champion in no way conveys that a particular OHS Champion has or will be selected as a Winner. If at any point a OHS Champion becomes ineligible, chooses not to participate in the Awards Program or is disqualified for any reason, h360 reserves the right to select alternate OHS Champions.
Unlimited Winners: The Winners will receive an OHS Champion Certificate and be featured on the healtheo360 web site under the Our Human Spirit section.
Finalists and Winner are responsible for the reporting and payment of any and all taxes as well as any other costs and expenses associated with acceptance and use of an award not specified herein as being awarded. A Finalist or Winner who is a United States citizen or resident must properly complete Internal Revenue Service (IRS) Form W-9 and provide to h360 prior to receiving an award. Payment to a Finalist or Winner who is not a US citizen or resident may be subject to a US withholding tax, which may be as much as 30% of the award. Additional documents may also be required prior to the provision of any award, including but not limited to IRS Form W-8BEN in the case of any Finalist or Winner who is not a US citizen or resident. Please consult your tax advisor regarding the taxation of your award since special rules may apply.
If, for any reason, the Awards Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Awards Program, h360 reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Awards Program. Sponsors assume no responsibility for any error, omissions, interruption, deletion, defect or delay in operation with transmission, communications, line failure, theft or destruction or unauthorized access to or allegation of submissions. Sponsors are not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, servers, equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, phone lines, or any combination thereof, including any injury or damage to a participant's computer related to or resulting from participation in this Contest. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AWARDS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. ??Sponsors are not responsible for any late, lost, garbled, misdirected, incomplete, or damaged entries; any disruptions, injuries, losses or damages caused by events beyond the control of Sponsors; or any printing or typographical errors in any materials associated with the Awards Program. The Awards Program Entities are not in any way responsible or liable for the use of the funds donated or for any damage, loss or injury (including death) resulting from participation in the Awards Program and/or acceptance and use of any awards won.