HMC Healthworks Terms & Conditions
1) LICENSE GRANT AND RESTRICTIONS.
- Provide access to or give any part of the Services to any third party.
- Modify, disrupt or interfere with the Services, supporting servers, or networks either manually or through the use of scripts, viruses, or worms.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Licensor systems that are not part of these Services.
- Excessively overload the Licensor systems used to provide the Services.
- If you violate any of these terms, your right to use the Services automatically terminates.
- You are responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant Licensor a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute personal data that is not in accordance with the law. Any users suspected of having information which may be proscribed by law may have their accounts terminated, their data sequestered, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Other than as described herein, Licensor is under no obligation to ratify or approve the type or quality of the Content or other data you submit on the website.
- You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
- Except as otherwise expressly permitted by HMC, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
- The Services may include a forum to post or exchange information with other users of the Services. Please use respect when you interact with other users. Licensor does not support and is not responsible for the accuracy of others Content in these forums. Do not reveal information in the forum that you do not want to make public. Exercise your judgment in evaluating and acting on (or ignoring) Content posted in forums. Remember, due to the anonymous nature of the Internet, other users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated.
- Licensor may freely use feedback you provide. You agree that Licensor may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Licensor a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Licensor in any way.
3) ADDITIONAL ITEMS YOU AGREE TO.
- Licensor does not give professional advice. Licensor is not in the business of providing legal, financial, accounting, health care, insurance, benefit, retirement, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
- Communications choices. Licensor may be required to send you communications concerning your transactions related to the Services. You agree that Licensor may send these communications to you via email or by posting them on one of our sponsored websites.
- You will track your passwords and accept updates to the Services. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact HMC as soon as possible.
- The Services may periodically be updated with tools, utilities, improvements, third party applications or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
4) DISCLAIMER OF WARRANTIES.
5) LIMITATION OF LIABILITY AND INDEMNITY.
- INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES;
- DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET LICENSOR SYSTEMS REQUIREMENTS.
- THE ABOVE LIMITATIONS APPLY EVEN IF LICENSOR AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9) EXPORT RESTRICTIONS.
- You acknowledge that HMC’s website, the Services and the underlying software and websites may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly.
10) HELP AND SUPPORT.
- Licensor may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Licensor from time to time.
11) USER ID AND PASSWORD SECURITY.
- You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Licensor's authorized technical support personnel to assist you. You are responsible for the use of the Services under your user ID.
12) PRIVACY OF PERSONAL INFORMATION.
- Licensor does not retain your personal information except as necessary to provide services to you, or to service your benefits with your applicable broker, insurer or employer as necessary, as permitted by law. Licensor may collect your personal information, solely to pass it along to the appropriate insurer, broker or employer as necessary. We do not otherwise collect your personal information except that which your benefit provider asks you to provide to us.
- You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.