Privacy Policy

Terms and Conditions of Use

 

Welcome

 

Thank you for visiting the MetaSHIFT, Inc.(“metaSHIFT”). These website Terms and Conditions of Use (“Terms of Use”) apply to your access to and use of METASHIFT’s websites (collectively “Site” or “Sites”) and the services offered through the Sites, including all content, features and applications accessible through or in connection with the Sites (collectively the “Services”). The Services are provided pursuant to a master service agreement (a “Master Agreement”) between METASHIFT and any hospital, institution, employer, company or other organization through which you may be authorized to use the Services (the “Sponsoring Entity”); however, these Terms of Use govern your use of the Sites and the Services whether or not you are an authorized user. These Terms of Use also govern our respective rights and obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH METASHIFT, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES. BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRMETASHIFTD HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE SITES OR THE SERVICES.

 

METASHIFT DOES NOT PROVIDE MEDICAL ADVICE!!

 

NOTHING STATED OR POSTED ON THE SITES OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR HEALTHCARE.  You should therefore not rely on any information found on the Sites or disregard your healthcare professional’s advice based on such information. You acknowledge that all of the healthcare related information and healthcare content on the Sites is provided “as is” for informational purposes only. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR any reliance ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.

 

The Services may enable you to communicate with healthcare professionals; however, you must not rely on the Services for such communications because METASHIFT does not guaranty that communications to or from your healthcare provider will be delivered.  Even if delivered, there is no guaranty your healthcare provider will read and respond to such communications; therefore, any reliance on the Services to communicate with your healthcare provider is at your own risk. IF YOU HAVE QUESTIONS REGARDING YOUR PARTICULAR HEALTHCARE NEEDS, MAKE AN APPOINTMENT TO VISIT A HEALTHCARE PROFESSIONAL IN PERSON.  IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911.

 

 

Communications using the Services may be subject to HIPAA and other applicable law governing the confidentiality and security of personal health related information. You agree that METASHIFT is not responsible for what any healthcare provider may do with information you communicate through the Services, nor is METASHIFT responsible for any information provided to you by any healthcare provider using the Services. METASHIFT makes no warranty or representation about the information communicated through the Services, nor concerning the healthcare provider using the Services to provide information to you.

 

METASHIFT expressly disclaims any patient-provider relationship between you and METASHIFT and your use of the Services does not create any such relationship. You should consult with qualified healthcare providers regarding your individual medical needs and your specific medical issues. METASHIFT does not recommend or endorse any healthcare provider or healthcare related products, tests, opinions, procedures, items, or services.

 

Modifications to Terms of Use

 

METASHIFT reserves the right to change or modify these Terms of Use at any time and in its sole discretion. Your continued use of any of the Sites or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.

 

Privacy Policy

 

Please refer to METASHIFT’s Privacy Policy for information on how METASHIFT collects, uses and discloses the information collected on the Sites (the “Privacy Policy”).

 

Copyright and Limited License from METASHIFT

 

Unless otherwise indicated, the Sites, the Services and all content and other materials on the Sites including, without limitation, the METASHIFT logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of METASHIFT, or its licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your own educational, non-commercial and personal use only. Such license is subject to these Terms of Use.

 

Without limiting any of the foregoing, you expressly agree not to:

 

(a) resell, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;

 

(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;

 

(c) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;

 

(d) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;

 

(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;

 

(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;

 

(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;

 

(h) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or

 

(i) use the Sites, the Site Materials or the Services other than for its intended purpose.

 

Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of METASHIFT, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in METASHIFT’s sole discretion.  METASHIFT reserves the right to change or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice.

 

Repeat Infringer Policy

 

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, METASHIFT will terminate, in appropriate circumstances and at METASHIFT’s sole discretion, users, subscrmetaSHIFTrs or account holders who are deemed to be repeat infringers. METASHIFT may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Trademarks

 

All logos and any other product or service name or slogan contained in the Sites are trademarks of METASHIFT, or their licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of METASHIFT or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing any name, trademark or product or service name of METASHIFT without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of METASHIFT and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any hospitals, medical service providers or doctors, and their respective products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement or recommendation thereof by METASHIFT.

 

Hyperlinks

 

METASHIFT makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Sites, or web sites linking to the Sites. Such sites are not under the control of METASHIFT and METASHIFT is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. METASHIFT provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by METASHIFT of any site or any information contained therein. When you leave the Sites, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Sites will be subject to that site’s terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

 

Third Party Content and Applications

 

In addition to METASHIFT’s educational material and other METASHIFT content on the Sites, our Sites may include third party content, which includes User Content as defined below, and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to our users. The views expressed in such Third Party Content should not be construed as representing the views of METASHIFT. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). METASHIFT does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. METASHIFT is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Users use such Third Party Content and Third Party Applications at their own risk.

 

Third Party Products, Services, Advertisements and Promotions

 

METASHIFT may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. METASHIFT is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-METASHIFT advertisers or third party information on the Sites.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by METASHIFT.

 

Interactive Areas / User Content

 

The Sites or the Services may include interactive areas or services (“Interactive Areas”), including message boards, online hosting or storage services, online applications, database Services, interactive vital statistic monitoring and data entry services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, photos, code or other items or materials on the Sites (“User Content”). Interactive Areas are provided “as is”. You are solely responsible for your use of such Interactive Areas and use them at your own risk.

 

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

 

(a) User Content that is unlawful, lmetaSHIFTlous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

 

(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

 

(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

 

(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

 

(e) Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;

 

(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

 

(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and

 

(h) User Content that, in the sole judgment of METASHIFT, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose METASHIFT or its users to any harm or liability of any type.

 

This list of prohibitions provides examples and is not complete or exclusive.

 

By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.

 

You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.

 

Any use of the Interactive Areas or other portions of the Sites, the Site Materials or the Services in violation of these Terms of Use, including the foregoing, may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites, the Site Materials or the Services.

 

METASHIFT takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or resulting therefrom, nor is METASHIFT liable for any mistakes, defamation, slander, lmetaSHIFTl, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, METASHIFT is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Accordingly, METASHIFT has no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, METASHIFT reserves the right, and has absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Sites at any time with or without cause and for any reason or no reason, with or without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites or through the Services at your sole cost and expense. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect METASHIFT’s systems and customers, or to ensure the integrity and operation of METASHIFT’s business and systems, METASHIFT may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. METASHIFT’s right to disclose any such information as set forth herein shall supersede and control any conflicting terms of METASHIFT’s Privacy Policy, subject to all applicable law including HIPAA.

 

If you post User Content to any of the Sites or in connection with the Services, you retain all rights in and to such User Content. Except as explicitly indicated in these Terms of Use, or as otherwise required by applicable law including HIPAA, you grant METASHIFT and its third party service providers a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, modify, adapt, create derivative works from, and display such User Content as METASHIFT deems necessary to provide the Services. You represent and warrant that:

 

(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to METASHIFT as herein provided;

 

(b) the User Content is accurate and not misleading; and

 

(c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

 

Representations; Registration Data; Account Security

 

In consideration of your use of any of the Sites, the Site Materials and the Services, you represent and warrant that you are over thirteen (13) years of age.  If you are under thirteen (13) years of age you may not use the Site or the Services under any circumstances.  If you are over thirteen (13) years of age, but under eighteen (18), you must have permission from a parent or guardian before using the Site or the Services.

 

In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:

 

(a) provide accurate, current and complete information about you, including your age, as may be prompted by any registration forms on the Sites (“Registration Data”);

 

(b) maintain and be solely responsible for the security of your password and identification;

 

(c) maintain and promptly update the Registration Data, and any other information you provide to METASHIFT, to keep it accurate, current and complete; and

 

(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to METASHIFT.

 

Indemnification

 

You agree to defend, indemnify and hold harmless METASHIFT, its members, managers, affiliates, independent contractors, service providers and consultants, and their respective employees and agents (collectively “Affiliates”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Sites, the Site Materials, the Services and any User Content you post, store or otherwise transmit on or through the Sites, the Services or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against METASHIFT and/or its Affiliates, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.

 

 

 

 

Disclaimer

 

THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. METASHIFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. METASHIFT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. METASHIFT DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE METASHIFT ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, METASHIFT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

 

Limitation of Liability

 

IN NO EVENT SHALL METASHIFT OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM METASHIFT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO METASHIFT’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE LIABILITY OF METASHIFT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO METASHIFT FOR ACCESS TO OR USE OF THE SITES.

 

 

 

Applicable Law and Venue – Arbitration, Class Waiver, and Waiver of Jury Trial

 

These Terms of Use and the relationship between you and METASHIFT shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and METASHIFT agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Suffolk County, Massachusetts, United States of America. You covenant not to sue METASHIFT in any other forum.  The foregoing choice of law and venue provision is mandatory and not permissive thereby precluding the possibility of any litigation in any other forum.

 

You also agree, acknowledge and understand that, with respect to any dispute with METASHIFT arising out of or relating to your use of the Services, these Terms of Use, or METASHIFT’s Privacy Policy:

 

  • YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY; AND
  • YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION LAWSUIT INVOLVING ANY SUCH DISPUTE.

 

Termination of Services

 

Notwithstanding anything to the contrary in these Terms of Use, METASHIFT reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Sites, the Site Materials or the Services.  Your use of the Services is also subject to your Sponsoring Entity’s compliance with the terms and conditions of any Master Agreement regarding the Services and your use of the Services may be interrupted or terminated as a result of your Sponsoring Entity’s breach of any Master Agreement.  METASHIFT reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice.  You agree that METASHIFT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

Severability

 

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Questions & Contact Information

 

Questions or comments about the Sites may be directed to metaSHIFT, Inc. at  info@myhungryhead.com.