Secure Medical Professional Messaging

Welcome to the NoticeMed web site of Health Service, LLC (“Health Service”). Health Service is pleased to make this web site located noticemed.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Health Service, unless otherwise directed by Health Service. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.

Collection of Visitor Information on this Site
Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Health Service through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright
All content, software, and technology included on this Site or used in the operation of this Site, such as text, graphics, logos, icons, diagrams, documents, audio and/or visual clips, is the owned or licensed property of Health Service or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Health Service and protected by U.S. and international copyright laws. Health Service grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site in accordance with the guidelines, instructions, and limitations described on the Site.

Trademarks
The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Health Service and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Health Service. Any use of these rights without the prior written permission of Health Service is strictly prohibited.

Accuracy
Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to services, descriptions, information, and other matters. Health Service reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice.

Third Party Content
This Site may contain or provide you with access to third party content which is completely independent of Health Service. Health Service does not review this content and is not responsible for it. Your interactions with persons or organizations found on or through your use of this Site are solely between you and such persons or organizations. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline dealings with any of these third parties. Health Service disclaims any liability with respect to such content and dealings, and you release Health Service from any liability related to such content and dealings. If there is a dispute between you and any third party relating to such content or dealings, or otherwise, you agree that Health Service is under no obligation to become involved.

Disclaimer of Warranties
THIS SITE AND ALL CONTENT, MATERIALS, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HEALTH SERVICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. HEALTH SERVICE DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THIS SITE WILL SATISFY, OR ENABLE YOU TO SATISFY, THE REQUIREMENTS OF ANY GOVERNMENT AGENCY, ASSOCIATION, OR OTHER ORGANIZATION. HEALTH SERVICE MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability
In no event shall either Health Service or its affiliates or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or the services available through the Site, whether based on contract, tort, warranty, strict liability or otherwise, even if advised of the possibility of any such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall Health Service’s aggregate liability resulting from or relating to your use of this Site exceed Five Dollars ($5.00).

You agree that you are solely responsible for the Post of any content that you make available on or send through this Site ("User Content"). In addition to the rights granted to Health Service elsewhere in these Terms of Use, you hereby grant Health Service the irrevocable right to copy and use User Content in connection with this Site and for the purposes related to your Post of the User Content. Although Health Service has no obligation to screen, edit or monitor any of the User Content or user conduct on this Site, Health Service reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to this Site, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content to this Site and to grant the rights to Health Service you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with this Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

Indemnification
You agree to indemnify, defend, and hold Health Service and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that Health Service incurs or suffers which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Web Sites
The Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. Health Service does not review or monitor the web sites linked to this Site and Health Service is not responsible for the content or policies of any other web sites. Any link established by Health Service does not constitute an endorsement of the other web sites or create a relationship between Health Service and the operators of other web sites. Health Service disclaims any liability with respect to your use of any other web site, and you release Health Service from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by Health Service, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Changes to Terms of Use
Health Service may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Health Service shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this Site
Health Service may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and Health Service reserves the right to refuse service to anyone at any time, with or without cause.

Your Account
If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Health Service reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

General Provisions
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Health Service to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Health Service, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Ramsey, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use are held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Health Service or a third party provider on this Site, by a Post or otherwise (collectively, "Submissions"), shall become Health Service’s property; and you hereby transfer, sell, and assign to Health Service all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Health Service has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Health Service shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact
For questions or comments related to this Site or these Terms of Use, please email Health Service at info@noticemed.com.

A. Our Respect for Privacy
NoticeMed.com, owned and operated by Health Service, LLC (“Health Service”), respects the importance of the privacy of your personal information. Health Service provides this Privacy Policy so you know about the online information practices of Health Service and understand how Health Service treats the information we receive about you from your use of NoticeMed.com web site (the “Site”). By using, browsing, or accessing the Site, you agree to the terms of this Privacy Policy. Your visit to the Site and any dispute over privacy is subject to the Terms of Use, including limitations on damages and application of the law of the State of Minnesota. Use of this Site is strictly voluntary. If you do not agree to the Site’s Privacy Policy and Terms of Use, you must immediately log off the Site and may not use the Site.

B. The Information Health Service Collects
Anonymous Electronic Information. In general, you can browse this Site without telling Health Service who you are or revealing any personal information about yourself. Health Service, however, collects your computer’s or mobile device’s IP address, which you necessarily disclose when you visit the Site so that data (such as the web pages you request) can be sent to your computer. The Site utilizes "cookies," which are anonymous, unique identifiers that web pages on the Site may use to store data on your computer or send data to our web server. Health Service may use cookie data to "recognize" you when you visit the Site in the future, to troubleshoot how the Site operates, and for internal analysis of how people use the Site. Should you decide not to accept cookies from the Site, you will limit the functionality Health Service can provide when you visit the Site.
Participating in Activities. When you engage in certain activities on the Site, such as registering for a subscription to the services on the Site, sending messages using the Site, providing feedback, filling out a survey or questionnaire, Health Service may ask you to provide personal and other information. In order to engage in such activities you will be required to provide information that lets Health Service know the specifics of who you are or where you are, and may include, without limitation, your first and last name, mailing address, zip code, email address, telephone numbers, credit card and other information. If you choose to share any personal information with Health Service, you will see that the amount and type of personal information Health Service requests depends on how you use the Site. It is optional for you to engage in these activities. Depending upon the activity, some of the information Health Service asks you to provide is identified as mandatory and some is voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

C. The Way Health Service Uses Information Collected on this Site
Health Service may use your IP address to, among other things: (a) help diagnose problems with the Site, administer and improve the Site, and measure the use of the Site; (b) identify the type of web browsers used, the pages viewed, the web sites from which a visitor found this Site, and the search terms and search engines used to find this Site; and (c) gather other web analytics information relating to visitors’ use and navigation of the Site. This information does not identify you personally. On occasion Health Service may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns and provide this aggregate information to vendors, business partners, or other parties to demonstrate the amount of interest in the Site and to help Health Service plan for technical infrastructure requirements.
Health Service may use your personal information for particular activities, including, without limitation, verifying your identity and health care practice credentials, credit card processing, processing your subscription order, collections, customer service, marketing and research, providing product, promotional and other information to you, and to contact you regarding administrative notices. Health Service may share this information with its affiliates or business partners in connection with any of the foregoing activities. Health Service must release your credit card information to credit card authorization service providers and associated banks to process your payment for products or services purchased on this Site and to facilitate refunds. Except as described in this Privacy Policy, Health Service will not give or sell your personal information to any other company for its use in marketing or solicitation.
Health Service may always use the information you provide in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, to evaluate existing products, services, and systems; to assist in the development of new products or services; research; and to identify trends and changes in relevant industries.
Health Service may disclose personal information in any of the following circumstances: (a) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (b) to protect and defend Health Service’s rights or property or those of its affiliates or business partners, or others; or (c) as Health Service, in its sole discretion, believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization.
In addition, since Health Service’s database is a business asset, in the event Health Service is reorganized or becomes part of another organization, you consent to the sale, assignment, or transfer of your personal information to a successor that acquires substantially all of the business assets of Health Service, or to an affiliate, as applicable.

D. Health Service’s Relationship to Other Sites that can be Accessed Through this Site
This Site may contain links to other web sites. If you visit one of these other web sites, you should review the privacy policy on that web site.

E. Security of Your Personal Information
Health Service takes what it believes to be reasonable precautions and has implemented certain safeguards to protect the security of data and information. However, Health Service cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. While Health Service strives to protect your personal information, Health Service cannot guarantee the security of any information you transmit to or from this Site, by email or otherwise, and you provide such information at your own risk. You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet which are beyond the control of Health Service; (b) the security, integrity, and privacy of any and all information and data exchanged between you and Health Service through the Site, including personal information, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.

F. Your Obligations
You agree that you will use other persons' information available on or through this Site (whether or not protected health information) strictly in accordance with applicable laws and regulations, and you will ensure that others under your control who have access to such information also comply with applicable laws and regulations. You are solely responsible for obtaining and maintaining all consents and authorizations necessary for your use of the Site and the services to which it provides access.

G. Changes to Privacy Policy
Health Service reserves the right to modify this Privacy Policy, in whole or in part, at any time without notice to you. You expressly waive any right to receive notice of any changes to this Privacy Policy. Health Service encourages you to review this Privacy Policy regularly in your use of the Site to ensure you are aware of current practices. Any use of the Site following the date on which Health Service implements changes to this Privacy Policy shall constitute your acceptance of all such changes.

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