Terms and Conditions of Use

Effective Date: as of April 26, 2016

Welcome to the Website of Healthwise, Incorporated (“Healthwise” or “us”, “we” or “our”). The following terms and conditions, together with any documents referred to in them, (“Terms of Use”), apply to your use of the www.healthwise.org website, the www.informedmedicaldecisions.org website, and the Content, as defined below, offered on or through both of these sites (the “Website”). Please read these Terms of Use carefully before using the Website. By using the Website, you accept and agree to abide by these Terms of Use and our Privacy Policy, found at Privacy Policy by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website.

We may, at our sole discretion and without advance notice, revise the Terms of Use from time to time. All material changes will apply prospectively only. You are expected to check this page from time to time to take notice of any changes that we made as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

ALL OF THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEDICAL OR HEALTH CARE ADVICE. IT IS NOT TO BE USED FOR MEDICAL DIAGNOSIS OR FOR TREATMENT. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A PHYSICIAN (OR OTHER QUALIFIED HEALTH CARE PROVIDER) WHO IS FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN (OR OTHER QUALIFIED HEALTH CARE PROVIDER) REGARDING ANY MEDICAL CONDITION AND BEFORE CHANGING A TREATMENT OR STARTING ANY NEW TREATMENT.

YOU SHOULD ALWAYS SEEK THE ADVICE OF A PHYSICIAN (OR OTHER QUALIFIED HEALTH CARE PROVIDER) WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. IF YOU SUSPECT THAT YOU HAVE AN URGENT MEDICAL PROBLEM OR CONDITION, YOU SHOULD PROBABLY CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.

Please take note of the date provided at the end of any text of documents contained on Website. Ongoing advancements in scientific, medical, health care, technology, and other related fields may outdate or alter the overall usefulness and accuracy of the Content we have made available to you.

The entire contents of the Website (including all information, software, displays, text, images, video, audio, any functionality, and the URL) and the design, selection, and arrangement thereof (collectively the “Content”), are the property of Healthwise or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other intellectual property or proprietary rights and laws. You are permitted to use the Website for your personal, noncommercial use only, or legitimate business purposes related to your role as a current or prospective customer of Healthwise. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our site without the prior written consent of the Healthwise, except to:

  • Store copies of such materials temporarily in RAM.
  • Store files that are automatically cached by your Web browser for display enhancement purposes
  • Print a reasonable number of pages of the Website for a permitted use.

You must not:

  • Modify the paper or digital copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website, or use of the Website or any services or materials available through the Website without obtaining a license to do so from Healthwise or its applicable licensor. If you wish to make any use of material on the Website other than that set out above, please visit our Contact Us page and send us an email.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or the Content are transferred to you, and all rights not expressly granted are reserved by Healthwise. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

To use this Website, you represent and warrant that you are of legal age to form a binding contract with Healthwise and are 13 years or older. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. You are responsible for your own Internet connection providing access to the Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and that they comply with them.

We collect and use information about your visit to the Website in accordance with our Privacy Policy. By using the Website, you consent to such collection and use.

Also, to access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. By providing such information, you are opting in to receive additional information from Healthwise. Please review the Privacy Policy for more details.

The Website may contain message boards, comment areas, forums, and other interactive features (collectively “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users (hereinafter “Post”) information or materials (“User Contributions”). All User Contributions must comply with the Acceptable Use Policy set out in these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you Post, and you, not Healthwise, will have full responsibility for such, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify, and hold harmless Healthwise and its licensors for any breach of that representation and warranty. Any User Contribution you Post to the site will be considered nonconfidential and nonproprietary, and we have the right to use, copy, distribute, and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant to Healthwise the foregoing license and to Post such User Contribution. You may not reproduce, display, modify or distribute, in any way, any information or materials (this includes text, graphics, illustrations, photographs, videos, or images) that other users post, submit, publish, display, or transmit on the Website.

User Contributions may be reviewed by Healthwise prior to publication and Healthwise may refuse to Post, or may remove any User Contributions at any time, without notice, as Healthwise deems necessary in its sole discretion. Healthwise has the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, or could create liability for Healthwise.

Notwithstanding the foregoing, Healthwise has no obligation to monitor the User Contributions. By Posting User Contributions, you acknowledge that any information provided may be seen by other users of the Website and therefore no expectation of privacy exists with respect to the information you provide. We are not responsible, or liable to any third party, in any way whatsoever, for the User Contributions by you or any other user of the Website.

Any User Contributions are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Healthwise. User Contributions are not controlled or endorsed by Healthwise, and such communications shall not be considered reviewed, screened, or approved by Healthwise. Healthwise specifically disclaims any liability with regard to the Interactive Services and any actions resulting from your participation in any Interactive Services.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulations.
  • To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
  • For the purpose of exploiting, harming or attempting to exploit or harm others in any way.
  • To publish, post, upload, distribute, or disseminate any (i) profane, defamatory, infringing, obscene, or unlawful topic, name, material, or information, or (ii) any information that may violate the intellectual property rights, privacy rights, or publicity rights of a third party.
  • To transmit, or procure the sending of, any materials without our prior written consent including any advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, or spam.
  • To impersonate or attempt to impersonate Healthwise or a Healthwise employee, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Healthwise users of the Website or expose them to liability.

You further agree not to:

  • Monitor or extract data from the Website. This includes Web scraping, either manually or through the use of technology.
  • Use any robot, spider, or other automatic device, process, or means to access the Website.
  • Introduce viruses, Trojan horses, worms, time bombs, logic bombs, corrupted files or data, or any other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; use any device, software, or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website.

The Website may contain links for, or links to, third-party websites not under the control of Healthwise, which may contain information that some people may find offensive or inappropriate. These links are provided solely as a convenience to you and not as an endorsement by Healthwise of the contents on such third-party websites. Healthwise is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. Accordingly, Healthwise is not responsible for the accuracy, compliance, legality, legitimacy, or decency of material contained in sites which may be accessible via a hyperlink to or from this Website or for the hyperlink itself.

If you decide to access linked third-party sites, you do so at your own risk. Healthwise cannot ensure that you will be satisfied with any products, services, or information available from a third-party site that links to or from the Website, since these sites are owned and operated by independent third parties. Healthwise does not endorse any of the products/services, nor has Healthwise taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Healthwise does not make any representations or warranties as to the security of any third-party website or the protection of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against Healthwise with respect to such sites. Healthwise strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Use of any third-party websites are governed by their own terms of use and privacy policies to which you are directed.

This Website is operated by Healthwise from its offices in the United States. This Website is directed to adults in the United States and is not intended for children under the age of thirteen. We make no claims that the Website or the Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Healthwise respects the intellectual property rights of others. If you believe that any material appearing on the Healthwise Website has been copied in a way that constitutes copyright infringement, please contact Healthwise on our Contact Us page.

Healthwise does not represent or warrant the accuracy or reliability of any of the Content, nor the quality of any information or other materials or services displayed, sold, or purchased by you as a result of your use of our Website. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Unless otherwise provided in these Terms of Use, Healthwise reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of our Website, with or without notice to you.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND ALL INFORMATION HEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, HEALTHWISE DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY DATABASE, MATERIAL, OR ANY THIRD-PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS, OR DATA WILL BE ERROR-FREE, OR THAT ANY DEFECTS IN SUCH INFORMATION, ITEMS, PRODUCTS, SERVICES, SYSTEMS, DATABASES, OR MATERIALS WILL BE OR CAN BE CORRECTED. HEALTHWISE DOES NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. HEALTHWISE MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE WEBSITE AND ITS CONTENT, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN NO EVENT WILL HEALTHWISE OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL LOSSES, DAMAGES, OR EXPENSES, DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF OUR WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR THE CONTENT USED HEREIN OR THEREWITH, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless Healthwise, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys' fees, due to or arising out of (i) your breach of this Terms of Use, or your violation of any law or the rights of a third party; or (ii) any material or information posted, provided, transmitted, or otherwise made available by you on the Website.

These Terms of Use shall be governed by the laws of the state of Idaho applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of Idaho, Ada County, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Failure by Healthwise to enforce any provision(s) of this Terms of Use shall not be construed as a waiver of any provision or right. This Terms of Use, and any additional terms referenced herein, constitute the entire Terms of Use between Healthwise and you with respect to the Website. If any provision of this Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. This Terms of Use inures to the benefit of Healthwise, its successors and assigns.

This website is operated by Healthwise, Incorporated, an Idaho nonprofit organization, located at 2601 N. Bogus Basin Rd. Boise, Idaho 83702.

Please use the Contact Us page for any comments or questions regarding the Website.