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Terms of service

Our promise to you

We have made every effort to insure accuracy and fairness.

If you see a mistake, let us know as soon as you can. We will make every effort to correct mistakes quickly.

Please play nice and be honest. Treat others as you would wish to be treated.

PLEASE READ THESE TERMS CAREFULLY.  YOUR USE AND INTERACTION WITH OUR WEBSITE AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE OR OUR SERVICE.

TERMS OF SERVICE

Use of Site and/or Service

User Submissions, Site Security and Conduct

Discussion Groups; Disclaimer of Liability

Health Content and Usage

System and Network Security

Intellectual Property Rights

Notification of Claims of Infringement

Representations & Warranties

Disclaimer of Warranty

Links to Other Web Sites

Indemnity

Limitation of Liability

Consequences of Violation of Terms

Use of Site and/or Service.

This Website (“Site”) and the services provided (“Service”) are maintained and operated by ClearHeathCosts (“us,” “we,” “our”). We serve as an independent source of reliable information about health care, including costs. Our stated mission is to bring transparency to the health-care marketplace. Thus, we offer this Site for you to post information and/or upload or download documents, images, communications, data and information (collectively, “Materials”) for your educational use and for others and to assist all with informed decisions when dealing with health care. This Site should in no way be construed as offering medical advice. Please note that you must be at least 18 years of age to use the Services on this Site. If you breach any of the Terms in these Terms of Service (“Terms”), your authorization to use this Site or these Services automatically terminates.

We may revise these Terms of Service at any time and you agree to be bound by the revised Terms. Any modification will become effective when it is first posted to the site. You are responsible to return to the Terms of Service from time to time to review the most current terms and conditions. We may notify you by either posting a new version of this Term of Service, notifying visitors on the website that a new version has been posted, or by e-mail to the last known address on file.

User Submissions, Site Security and Conduct.

Any Material you upload or post to this Site will be accessible to all users of the Site (“Users”). We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user ID or password, including the content of the Materials you post on the Site. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your user ID or password. Further, by way of example and not as a limitation, you agree not to:

1.   use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

2.   harvest or otherwise collect information about others, including e-mail addresses, without their consent;

3.   create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

4.   transmit through the Service any Materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;

5.   transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity;

6.   transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;

7.   violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;

8.   interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

9.   attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

10.   interfere with another User’s use and enjoyment of the Service.

For any Materials that you upload to the Site that would be covered by intellectual property rights, like photos, images of bills and text, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Materials that you post on or in connection with the Site. We may use this information to make derivative works, to reproduce your Materials, to distribute copies, to display the works, or to compile data contained in the Materials.

By transmitting or submitting any Material while using the Site, you affirm, represent and warrant that such transmission or submission is (i) accurate and not confidential; (ii) not in violation of any laws, contractual restrictions or other third party rights, and that you either own the Materials or have the right from any third party whose information or intellectual property is comprised in the Materials to grant the license above; and (iii) free of viruses, adware, spyware, worms or other malicious code. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any Materials.

Once you upload Materials, ClearHealthCosts has no control over the subsequent use of that Material. We are not responsible for the subsequent use of your materials by any third party, whether or not based on the materials you provide or the information contained in your uploaded materials.

Discussion Groups; Disclaimer of Liability. 

We do not control the Communications, information, or files delivered to discussion groups on the Site.  You understand and agree that we have no obligation to monitor the Site or the use of its Service.  We may monitor or review any areas on the Site or this Service where you transmit or post Materials as may be required for maintenance and upkeep.  By transmitting any public communication to our Site, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, re-use, reproduce, distribute, translate, publish, publicly display, publicly perform, modify, adapt, amend, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such communications, in all media now known or later developed.  You warrant that you have the right to grant these rights to us.  You also acknowledge and agree that any communications made to or by means of any forum on the Site are public.  You acknowledge and agree that you have no expectation of privacy in any public communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and us by your act of transmitting a public communication to the Site, in our forums or elsewhere.  WE DISCLIAM, HOWEVER, ANY LIABILITY RELATED TO THE CONTENT OF ANY SUCH MATERIALS, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE.  YOU ACKNOWLEDGE THAT IT IS OUR POLICY TO COOPERATE WITH LAW ENFORCEMENT AGENCIES INVESTIGATING ILLEGAL OR IMPROPER ACTIVITIES RELATING TO THE SITE OR THIS SERVICE AND THAT WE RESERVE THE RIGHT AT ALL TIMES TO EDIT, REFUSE TO POST, OR TO REMOVE ANY MATERIALS, IN WHOLE OR IN PART, THAT IN OUR SOLE DISCRETION, ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS.

Health Content and Usage.

Our Site contains educational information concerning health care, including the price of health-care services.  This information is for educational use only and is not a substitute for professional medical advice, diagnosis, or treatment.  Seek the advice of your physician or qualified health provider with any questions you may have regarding a medical condition or treatment options.  Never disregard, avoid, or delay in obtaining medical advice from your doctor or other healthcare professional because of something you have read on our Site.  We do not represent or warrant that pricing information or other Content is complete, accurate, current, reliable, or error-free.  You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including User Materials, is at your sole risk.  You acknowledge and agree that we are not responsible for any Materials posted by Users. Before buying any third-party products or services that may be described on the Site, you are advised to verify pricing and other information.

Medical information is a highly private topic of discussion.  Various laws have been enacted at the federal and local level seeking to protect the right to privacy of patient information.  By posting any information, you agree that the information provided pertains only to you or your minor child.  You agree that you will not post information about others as this posting may violate Federal, State or local law.  For example, posting information regarding another individual’s HIV or AIDS related status or testing information may violate the New York HIV Confidentiality Law (PHL § 2782.1) and may subject you to criminal and/or civil penalties.  You remain responsible for any material you post.

System and Network Security.

Violations of system or network security are prohibited, and may result in criminal and civil liability.  We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.  You must take reasonable security precautions in light of your use of the Service.  You are solely responsible for any breaches of security affecting the servers under your control.

Intellectual Property Rights. 

The Service and this Site are protected to the maximum extent permitted by copyright laws and international treaties.  the Content of this Site, and related pages, is copyrighted property of clearhealthcosts.com, or other suppliers credited as the provider.  We are licensed under Creative Commons, with a license that allows others to download our works and share them with others as long as they credit us, but they can’t change our work in any way or use it commercially.  If you are using our Content, in other words, don’t change it and always give us credit.  If you are republishing online, you must always link to us.  You can’t sell our Content separately.  Our Creative Commons license is called “attribution-noncommercial-no derivs.”  If you have questions, ask first by emailing us at info@clearhealthcosts.com.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.  Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Site or the Service.  Current Procedural Terminology or CPT is copyrighted (2010) by the American Medical Association.  CPT is a registered trademark of the American Medical Association.

Notification of Claims of Infringement. 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement at:  info@clearhealthcosts.com.

Please provide the following information:

  1. Identify the material on the Site that you claim is infringing in sufficient detail so that can find it;
  2. Include the specific statement that you have a good faith belief that the disputed use you have identified is not authorized by the copyright owner, its agent, or the law;
  3. Include the specific statement in which you declare, under penalty of perjury, that (a) the information you have provided is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.

We will remove the infringing posting(s) according to the procedures outlined in the Digital Millennium Copyright Act.

Representations & Warranties. 

You represent and warrant that you will not hold us responsible for the quality, safety, or accuracy of the description of the Materials you post on the Site.  You represent and warrant that the price/cost information that you post on the Site has been provided by you alone.  We assume no responsibility for the accuracy of the information contained in the Materials available on the Site.  If you are aware of any relevant discrepancies, including pricing discrepancies, please alert us at info@clearhealthcosts.com.

Disclaimer of Warranty.

ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES:  (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.

Links to Other Web Sites.

The Site may contain links and pointers to other websites that are maintained by third parties.  Such links do not that we endorse these third-party sites or any materials they contain.  Of course we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

Indemnity. 

You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Materials you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.

You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A. without reference to its conflicts of laws provisions.  The clearhealthcosts.com website is intended to be available only to those users who are physically located within the United States when accessing the site; you may not access clearhealthcosts.com if you are not located within the United States.  By accessing and using clearhealthcosts.com, you represent that you are physically located within the United States.   clearhealthcosts.com makes no representations that the materials are appropriate or available for use outside the United States.  You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York for any disputes arising out the use of this site.

This Agreement constitutes the entire agreement between clearhealthcosts.com and you with respect to this website and it supersedes all prior and similarly timed communications.  If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement.  Any remaining provisions of the agreement will continue to be enforced with full effect.

Limitation of Liability. 

UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OUR SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you.

Consequences of Violation of Terms. 

We may without notice to you, suspend your Service or remove any Materials transmitted via the Site if it discovers facts that lead it to reasonably believe the Site service is being used in violation of these Terms.  You agree to cooperate with our reasonable investigation of any suspected violation of these Terms.  We will attempt to contact you prior to your suspension, however, prior notification is not assured.

Our Promise to You. 

We have made every effort to insure accuracy and fairness.  If you see a mistake, let us know as soon as you can. We will make every effort to correct mistakes quickly.  This Site should in no way be construed as offering medical advice. Our stated mission is to bring transparency to the health-care marketplace. Your decisions about treatment, providers and anything else belong strictly to you.

Please play nice and be honest. Treat others as you would wish to be treated.