To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:
Nuehealth provides users with online access to medical information from physicians. NUEHEALTH DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTION OF ANY KIND. ALL INFORMATION PROVIDED ON NUEHEALTH OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY NUEHEALTH, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS BETWEEN NUEHEALTH MEDICAL EXPERTS AND CONSUMERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. NUEHEALTH IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY NUEHEALTH OR ANY NUEHEALTH MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK.
What We Do and What We Don’t Do:
We Do Support Your Health Decisions and Choices
Nuehealth is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you, in connection with the advice you receive from your doctor or other professional healthcare provider, are the best decision maker about your health. You should always use common sense when making health decisions, and they should be made in consultation with your doctor. Nuehealth cannot make decisions for you. What we can do is help you find good health information and connect with doctors for in-person care. On Nuehealth you can ask and find informational questions and related educational answers by Medical Experts. Nuehealth is not a place for the practice of medicine, but Medical Experts on Nuehealth can be a resource for reliable, relevant general health information. We hope these services will be of value to you. Please use them responsibly.
No Doctor Patient Relationship
The use of Nuehealth does not create a doctor-patient relationship. Nuehealth contains Content, and may help you identify services or may offer services. Everything on Nuehealth, including Content accessed or Services provided through Nuehealth, is for your information, and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice from your physician.
On Nuehealth you can connect privately with a physician for an online consultation. This interaction does not constitute the practice of medicine and consultations cannot be used for providing a medical diagnosis or a physical examination, do not allow prescriptions, and do not involve treatment. Go see your doctor in person if you are looking for a prescription or for treatment. You can use Nuehealth to connect with the some of the best doctors in the world for medical information and for second opinions.
Do not use Nuehealth in a medical emergency.
Do not use Nuehealth or Content or Services to diagnose or treat a medical condition. Do not use Nuehealth or Content or Services in a potential or actual medical emergency.
Consult your doctor.
Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet.
Independence of Nuehealth Medical Experts:
Nuehealth Medical Experts and professionals or specialists utilizing or featured on Nuehealth are often not employees or independent contractor service providers of Nuehealth. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of Nuehealth. Nuehealth does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Nuehealth or by a licensee of Nuehealth.
The inclusion of professionals and specialists on Nuehealth or in any professional directory on Nuehealth does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND NUEHEALTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. NUEHEALTH SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON NUEHEALTH. The use of Nuehealth by any entity or individual to verify the credentials of professionals or specialists is prohibited.
All opinions and statements expressed Nuehealth Medical Experts on or through Nuehealth are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of Nuehealth, its affiliates or any other organizations or institutions to which such Nuehealth Medical Expert or such specialist or professional is affiliated or provides services.
We are committed to protecting the privacy of children. Nuehealth is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of Nuehealth may ask questions about or for children.
Your Account and Your Use of Nuehealth
You are responsible for your account: keep your password and real name private. Accurate and complete registration information is required to use Nuehealth. All members are encouraged to use password common sense: safeguard your log in password, pick a password that cannot be guessed by others, keep it private, and periodically change it. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. As a part of registration you will create a profile with a Public Profile Name. Like your password, if you wish to remain anonymous, use common sense: safeguard your Public Profile Name, pick a name that cannot be guessed by others, and keep it private. Do not use your real name, or the real name of any one related to you when selecting your Public Profile Name. Allowing any other person or entity to use your identity for posting on or using Nuehealth is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post on Nuehealth, including questions, comments, or other submissions.
Your use must be legal and you must be an adult to use the Nuehealth. Your use of Nuehealth and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 18 years old to use Nuehealth.
Notices. When you register as a member, you agree that Nuehealth may send notices to you by email at the email address you provide when you register, or a different email address that you update through your Account Settings. We have a No-Spam policy.
Content and Services
Nuehealth is for personal use. Nuehealth is a service for individuals to use to support their personal health decisions. You may use Nuehealth for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members or use our Apps through individual members. Licensed U.S. physicians and other qualified medical experts (as described on our Medical Experts pages) may apply to participate on Nuehealth for educational purposes as Medical Experts. We authorize you to view or download the Content and use the Services solely for your personal, noncommercial use in accordance with all applicable federal, state and local laws. The Content is licensed only for the personal, household, and educational use of a single individual. An individual's noncommercial reuse or redistribution of any portion of the Content is permitted when that use falls within what is permitted by United States Copyright law or the Lanham Act. These laws govern general personal use of copyrighted information. No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by us in writing. By using Nuehealth, you agree not use any contact information provided by members (for example, in a private message exchange between connected members), or harvest, scrape or otherwise collect any information about our members for any reason, including but not limited to for sending unsolicited communications, including spam.
Nuehealth does not make recommendations or endorsements. We do not recommend or endorse any specific Content, Services, tests, physicians, products, procedures, opinions, or other information that may be mentioned on Nuehealth. Nuehealth is designed to be used with common sense, and in connection the advice of your physician or your other healthcare provider. Reliance on Nuehealth Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by Nuehealth. We work hard to bring you our very best, and believe that our members will find the Content and Services useful, but we cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
Nuehealth does not guarantee the accuracy of Third Party Content. To the extent that any of the Content included on Nuehealth is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on Nuehealth. Therefore, any opinions, statements, products, services or other information expressed or made available by third parties (including Medical Experts) or users on Nuehealth are those of such third parties or users, respectively. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and does not represent or warrant that your use of the Content displayed on Nuehealth or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Nuehealth.
We are not responsible for anything outside of Nuehealth. Now or in the future, the Content and Services may link you to other web sites or information, software, data, or other contents, on or off the Internet. These other sites or and contents are not Nuehealth, and the information there is outside of our control. What does this mean? It means that we do not control, endorse, or review the content of these sites. We do not review the contents that may be reached by such links, and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites, and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.
Use of Your Information
We respect the privacy of your personal information, and do our part to keep it safe and secure.We only use data you share with Nuehealth as stated in the Nuehealth Privacy Statement, your personal privacy settings, and applicable law. If you create, transmit, or display health and wellness or other information while using Nuehealth, you agree to do so with information that you own or have the right to use.
We cannot control external communications, so e-mails, SMS messages and text messages transmitted out of Nuehealth may not be secure. Email and short message service (SMS) or text message communications from Nuehealth are not encrypted, and this information is not secured. You can opt out of receiving email, SMS, and text messages. However unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using Nuehealth, you release Nuehealth from any liability arising from or related to any such unauthorized access.
Nuehealth owns or has rights to the Content and Services. When you use Nuehealth, you do so under a license from us. Your license to use Nuehealth is personal, revocable, nonassignable, and nonexclusive. This means that you may not use Nuehealth for any commercial purpose, that we can take away your right to use Nuehealth, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to Nuehealth and the Content, together with all intellectual property rights embodied therein (including without limitation all engagement, rating, and ranking systems and methodologies on Nuehealth) are the property of the Company or our affiliates. Rights retained by other parties in the Content, such as our Medical Experts, are their respective rights.
You must ask our permission to use our Trademarks. We has obtained or applied for various Trademarks and service marks. Nuehealth, the Nuehealth logo, other Nuehealth Trademarks and service marks and other Nuehealth logos and product and service names are our trademarks (the "Nuehealth Marks"). If you would like to use or display any Nuehealth Marks, you must ask our permission. Without our prior written permission, or according to the terms and guidelines we will publish in a media section of the Apps, you agree not to display or use in any manner the Nuehealth Marks. All trademarks, brands, and content on Nuehealth are the property of their respective owners.
You agree not to infringe our Copyrights, Trademarks, Trade Secrets or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use Nuehealth as it is designed and intended to be used, including using Nuehealth features which allow you to re-post Content, such as those which permit you to distribute Content through other third party applications and mediums, such as Facebook or Twitter, so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "Nuehealth" without our prior written permission.
You agree not to access, view, or use our Data without our Permission. You agree not to access, attempt to access, request access not authorized by Nuehealth or use any Nuehealth data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of Nuehealth or any Content, in whole or in part, in any form or by any means.
Member Submissions: Content
The personal information you submit to Nuehealth is governed by the Nuehealth Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement. You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You understand and agree that all Content you submit to Nuehealth, excluding any Content provided in a Premium Service, is non-confidential and may be made available on the world wide web ("Public Areas"). As a reminder public information includes, but is not limited to questions, comments, interactions and information included in your profile.
Engaging in any conduct that restricts or inhibits any member's use or enjoyment of Nuehealth, or which, in our sole judgment, exposes the Company or any of our customers, partners or suppliers to any liability or detriment of any type is prohibited.
When accessing our Premium Content and Services, including private conversations with Medical Experts you should know the following:
You agree to our enforcement of these Terms and Conditions and the Rules. By using (including by accessing or attempting to access) Nuehealth you agree that we have the right (but are not obligated) to: investigate an allegation that a communication or Content does not conform to these Terms and Conditions and determine in our sole discretion to remove or request the removal of the communication or Content; remove Content (including member-submitted questions) that we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a member's access to Nuehealth upon any breach of any of these Terms and Conditions; terminate a member's access to Nuehealth if the member's registration information and/or email address is no longer valid; and remove any communication in Nuehealth; regardless of whether such communication violates these standards. We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, and the public.
Only submit what you have a right to submit. If you make any such submission you agree that you will not send or transmit to Nuehealth by email, (including through the email addresses listed on the "Contact Us" page) or otherwise any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Nuehealth by email or otherwise, you agree such submission is non-confidential for all purposes.
Member Submissions: Media
Only upload media that you have a right to upload. You agree to only post or upload Media (like photos) that you have taken yourself or that you have all rights to post or transmit and license, and which do not violate copyright, trademark, privacy or any other rights of any other person. Photos of celebrities and cartoon or comic images, for example, are usually copyrighted by the owner. Animated images available as avatars through Nuehealth are licensed by Nuehealth for your use on Nuehealth as avatars.
Be a responsible and sensitive community member. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions our Privacy Statement or any other Nuehealth policy.
Don’t upload any viruses or software. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
You grant us a right when you upload media. We need to have the right to display the media you upload to us. By uploading any media, like a photo, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Nuehealth to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Nuehealth and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
You understand that we can review and reject any submission. We reserve the right to review all media or any other submission prior to or after submission to the site and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.
About Nuehealth Medical Experts
Personally Identifiable Information
Our members have a right to the privacy of their identity. Nuehealth does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however you understand and agree that if you choose to enter into a Private Conversation with a Medical Expert on Nuehealth that personally identifiable information will be visible to that Medical Expert. You agree not to disclose personally identifiable information about other members that you encounter while using this Site (whether posted in member profiles by a member or emailed to you by a member) without the express consent of such a person. As a reminder, we prohibit commercial use of our site, and these non-commercial use policies apply even to general (non-identifiable) information about other members.
All of our members are required to honor this Agreement. Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Nuehealth and the Services and/or Content at anytime. This suspension or termination may delete information, files, and other previously available Content.
Changes to this Agreement
Occasionally we may update these Terms of Service. When we make changes, we will revise the "last modified" date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of Nuehealth constitutes your agreement to the changed terms of service.
Exclusion of Warranties
NUEHEALTH AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE, NUEHEALTH MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NUEHEALTH AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING NUEHEALTH AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.
Limitation of Liability of Nuehealth
We cannot and do not assume any responsibility or liability for any Content or other information you submit, or your, other members, or third parties' use or misuse of information or Content transmitted or received using our Site, our tools or our Services.
The use of Nuehealth and the Content and Services is at your own risk. The Nuehealth Site and the Content are provided on as "as is" basis. NEITHER WE, NUEHEALTH MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLSIAM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about:
Specific Limitation of Liability Regarding Expert Content. Content on the site created, submitted or validated by Medical Experts or other healthcare experts on Nuehealth (collectively, "Expert Content") are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this TOU, this term includes Expert Content.) The authors or third party posting such content ("Posters") are solely responsible for their content. While we hope that you will find the Expert Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Expert Content regarding treatment of medical conditions, action, or application of medication. Posters are solely responsible for their content. Under no circumstances, as a result of your use of the Expert Content or this Site, will the Expert Content Poster or such Poster's employer or sponsor be liable to you or to any other person for any damages or harm–including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster's employer and/or sponsor) shall have absolutely no liability in connection with Nuehealth for: (a) any loss or injury caused, in whole or in part, by the Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Expert Content or make medical or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don't do with the Content. For medical advice, treatment, or diagnosis, see your personal physician or expert healthcare provider. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of (1) any content posted or made available by you through Expert Content, (2) any violation of law that occurs by you through your use of Expert Content or this Site, and/or (3) anything you do using Expert Content, this Site and/or the information contained therein.
NEITHER US, OUR MEDICAL EXPERTS, OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100).
Nuehealth, its licensors, its suppliers, or any third parties mentioned on Nuehealth are not liable for any personal injury, including death, attributable to or caused by your use or misuse of Nuehealth or Content (including member supplied Content or Medical Expert supplied Content). Any claims arising in connection with your use of Nuehealth or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
General Legal Terms
Other parties may have rights under this agreement. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit. Other than these licensors, there are no other third party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.
If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.
If we choose not to enforce any provision of this Agreement, we still keep the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
This agreement is governed by California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SANTA CLARA COUNTY, CALIFORNIA. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.
Nuehealth is a registered Trademark of Health Travel Guides, Inc. Any other trademark, brand, or content on Nuehealth that is not the property of Health Travel Guides, Inc. is the property of its respective owner.