Terms of Use

 

Understanding your rights and responsibilities as a HealthmarkIT user

Privacy Reminder

Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers. 

 

Terms of Use

These are the Terms of Use ("Terms") under which all job seekers, employers or other users ("You") may use the HealthmarkIT Consulting, LLC (HealthmarkIT) Sites and the Services (each as defined below). These Terms constitute a binding agreement between You and HealthmarkIT, and are deemed accepted by You each time that You use or access any HealthmarkIT site or services. If You do not accept the Terms stated here, do not use the HealthmarkIT Sites and Services.

 

The HealthmarkIT Sites are defined as any Web sites under HealthmarkIT’s control, whether partial or otherwise (including, without limitation, healthmarkit.com, and the Web site from which these terms of use were accessed from) and include the HealthmarkIT Services, which are defined as the applications and services offered by HealthmarkIT, including an on-line service to post personal information for recruitment purposes and search for those individuals that have provided their information, and any mobile application or other interface that allows You to access such application (collectively, “HealthmarkIT Services”). The HealthmarkIT Sites also allow users (“Users”) to create individual profiles, which may include personal information (“Profiles”), and to make these Profiles, or aspects thereof, public.  In addition, HealthmarkIT may collect information about You from publicly available websites and may use this information to create a Profile or append it to an existing Profile.

HealthmarkIT may revise these Terms at any time by posting an updated version to this URL. You should visit this URL periodically to review the most current Terms because they are binding on You.

Users who violate these Terms may have their access and use of the HealthmarkIT Sites suspended or terminated, at HealthmarkIT’s discretion.

You must be 13 years of age or older to visit or use any HealthmarkIT Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any HealthmarkIT Site under the supervision of a parent, legal guardian, or other responsible adult.

You may not use the HealthmarkIT Content (as defined below) or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.

 

1. Use of HealthmarkIT Content.

HealthmarkIT authorizes You, subject to these Terms, to access and use the HealthmarkIT Sites and the HealthmarkIT Content and to download and print a single copy of the content available on or from the HealthmarkIT Sites solely for Your personal, non-commercial use. The contents of the HealthmarkIT Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other HealthmarkIT content (collectively, "HealthmarkIT Content"), are protected under copyright, trademark, and other laws. All HealthmarkIT Content is the property of HealthmarkIT or its licensors. The compilation (meaning the collection, arrangement, and assembly) of all content on the HealthmarkIT Sites is the exclusive property of HealthmarkIT and is protected by copyright, trademark, and other laws. Unauthorized use of HealthmarkIT Content may violate these laws and/or applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original HealthmarkIT Content on any authorized copy You make of the HealthmarkIT Content.

Any code that HealthmarkIT creates to generate or display any HealthmarkIT Content or the pages making up any HealthmarkIT Site is also protected by HealthmarkIT's copyright, and You may not copy or adapt such code.

You agree not to sell or modify the HealthmarkIT Content or reproduce, display, publicly perform, distribute, or otherwise use the HealthmarkIT Content in any way for any public or commercial purpose, in connection with products or services that are not those of the HealthmarkIT Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits HealthmarkIT or its licensors, that dilutes the strength of HealthmarkIT's or its licensor’s property, or that otherwise infringes HealthmarkIT's or its licensor’s intellectual property rights. You further agree to in no other way misuse HealthmarkIT Content. The use of HealthmarkIT Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that HealthmarkIT creates to generate or display any HealthmarkIT Content or the pages making up any Application or Service is also protected by HealthmarkIT's copyright, and you may not copy or adapt such code.

 

2. Use of the HealthmarkIT Services.

(a)Your use of the HealthmarkIT Services is also subject to any Master Services Agreement (“MSA”) or other contracts You may have with HealthmarkIT. In the case of any conflict between these Terms and any MSA or contract you have with HealthmarkIT, the terms of your MSA or contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a HealthmarkIT Site.

You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your HealthmarkIT Site registrations and passwords, whether or not authorized by You. You agree to immediately notify HealthmarkIT of any unauthorized use of Your account, Profile, or passwords.

(b)You agree to conform to the HealthmarkIT process of requesting, interviewing, and hiring process of candidates found on the site and shall obligate your payment of agreed upon terms.  If no terms are agreed upon, a fee of 25% of the starting salary shall be imposed.   

 

All HealthmarkIT Users agree to not:

(a) transmit, post, distribute, store or destroy material, including without limitation HealthmarkIT Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of HealthmarkIT’s privacy policy.

(b) take any action that imposes an unreasonable or disproportionately large load on any HealthmarkIT Site's infrastructure.

(c) use any device to navigate or search any HealthmarkIT Site other than the tools available on the Site, generally available third-party web browsers, or other tools approved by HealthmarkIT.

(d) use any data mining, robots or similar data gathering or extraction methods.

(e) violate or attempt to violate the security of any HealthmarkIT Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

(g) reverse engineer or decompile any parts of any HealthmarkIT Site.

(h) aggregate, copy or duplicate in any manner any of the HealthmarkIT Content or information available from any HealthmarkIT Site, including expired job ads, other than as permitted by these Terms.

(i) frame or link to any HealthmarkIT Content or information available from any HealthmarkIT Site, unless permitted by these Terms.

(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media.

(k) post any resume or profile or apply for any job on behalf of another party.

(l) defer any contact from an employer to any agent, agency, or other third party.

(m) send more than one copy of the same resume to public at any one time.

(n) share with a third party any login credentials to any HealthmarkIT Site.

(o) access data not intended for You or logging into a server or account which You are not authorized to access.

(p) post or submit to any HealthmarkIT Site any incomplete, false or inaccurate biographical information or information which is not Your own;

(q) post content that contains restricted or password-only access pages, or hidden pages or images;

(r) solicit passwords or personally identifiable information from other Users;

(s) delete or alter any material posted by any other person or entity;

(t) harass, incite harassment or advocate harassment of any group, company, or individual;

(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;

(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any HealthmarkIT Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";

(w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or

(x) use the HealthmarkIT Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job ad that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by HealthmarkIT’s discretion.

Violations of system or network security may result in civil and/or criminal liability. HealthmarkIT will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

 

3. Additional Terms Applicable to Employers.

Employers are solely responsible profiles on HealthmarkIT Sites. HealthmarkIT is not to be considered to be an employer with respect to Your use of any HealthmarkIT Site and HealthmarkIT shall not be responsible for any employment decisions, for whatever reason, made by any entity utilizing any HealthmarkIT Site.

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from HealthmarkIT, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from HealthmarkIT's databases. Information may continue to be available for some period because of delays in propagating such deletion through HealthmarkIT’s web servers.

In order to protect our HealthmarkIT Users from commercial advertising or solicitation, You shall use the HealthmarkIT Networking and Profiles in accordance with all applicable privacy and data protection laws.

Resume Database

Use of the Resume Database by Employers

You shall use the Resume Database as provided in these Terms and in any contract you have with HealthmarkIT. You shall use the Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes. If your account is terminated in any form, the preceding cost structure stays intact for any candidates sourced through the site. (2b)

 

You may not use the Resume Database in any way which, in HealthmarkIT’s sole discretion, adversely affects HealthmarkIT’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database.

You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.

The Resume Database and information obtained from the Resume Database shall not be used:

(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;

(b) to send emails or text messages or make phone calls to resume holders that, in HealthmarkIT’s sole discretion, are excessive in frequency or related to job ads that are irrelevant to the work history or location of, or unlikely to be of interest to, the resume holder contacted;

(c) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or

(d) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by these Terms; or

(e) take any other action that is, in HealthmarkIT’s sole discretion, inconsistent with these Terms of Use, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.

In order to ensure a safe and effective experience for all of our customers, HealthmarkIT reserves the right to limit the amount of data (including resume views) that may be accessed by You or the number of contacts, emails or messages You may make or send within any HealthmarkIT system in any given time period. These limits may be amended in HealthmarkIT’s sole discretion from time to time.

 

Use of Candidate Profiles

You shall use the HealthmarkIT services and HealthmarkIT profiles as provided in these Terms, any contract You have with HealthmarkIT, and the in accordance with the following:

1. You may only use the HealthmarkIT services to identify candidates for possible recruitment and shall use HealthamarkIT to make initial contact with such candidates
2. You may not use the HealthmarkIT profiles as a factor in determining any consumer’s eligibility for employment, retention, or promotion.
3. You may not review the HealthmarkIT profiles of persons employed by You or persons who have already expressed interest in employment with You outside of the TalentBin services.

4. Additional terms applicable to Job Seekers.

When You register with any HealthmarkIT Site, You will be asked to create an account and provide HealthmarkIT with certain information including, without limitation, name, zip code, career and education level and a valid email address ("Information").

Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, or other means of contacting You, other than Your name.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the HealthmarkIT Sites.

HealthmarkIT reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by HealthmarkIT or by third parties. Please see HealthmarkIT's Privacy Policy, for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your HealthmarkIT account or Your HealthmarkIT account is terminated, all Your account information from HealthmarkIT, including resumes, Profiles, cover letters, pictures and/or video interviews, questionnaires will be marked as deleted in and may be deleted from HealthmarkIT's databases and may be removed from any public area of the HealthmarkIT Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through HealthmarkIT’s web servers. In addition, third parties may retain saved copies of Your Information.

HealthmarkIT reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

5. User Content and Submissions.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a HealthmarkIT Site ("User Content") is the sole responsibility of the person from which such User Content originated. HealthmarkIT claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through HealthmarkIT and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through HealthmarkIT, you grant HealthmarkIT a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through HealthmarkIT. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant HealthmarkIT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting HealthmarkIT and its services. HealthmarkIT will discontinue this licensed use within a commercially reasonable period after such User Content is removed from HealthmarkIT. HealthmarkIT reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any HealthmarkIT Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any HealthmarkIT Site retains any and all rights that may exist in such User Content. HealthmarkIT may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any HealthmarkIT Site. HealthmarkIT reserves the right to expel Users and prevent their further access to the HealthmarkIT Sites and/or use of HealthmarkIT Services for violating the Terms or applicable laws, rules or regulations. HealthmarkIT may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for HealthmarkIT, damage HealthmarkIT’s brand or public image, or cause HealthmarkIT to lose Users or (in whole or in part) the services of its ISPs or other suppliers.

HealthmarkIT does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does HealthmarkIT endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.

The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

• is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
• harasses, incites harassment or advocates harassment of any group or individual;
• involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• contains restricted or password only access pages, or hidden pages or images;
• displays or links to pornographic, indecent or sexually explicit material of any kind;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
• provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
• solicits passwords or personal identifying information from other Users.
• Is in any way, as deemed by HealthmarkIT in its sole discretion, as damaging o detrimental to HealthmarkIT

Any Profile You submit must describe You, an individual person.

You may not include, in any User Content submitted to HealthmarkIT Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our HealthmarkIT Community Users from commercial advertising or solicitation, HealthmarkIT reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which HealthmarkIT deems appropriate in its sole discretion.

Profiles derived from User Content may also be made available through the HealthmarkIT Sites. HealthmarkIT does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.

We appreciate hearing from our Users and welcome Your comments regarding our services and the HealthmarkIT Sites. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of HealthmarkIT. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. HealthmarkIT shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose

7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.

HealthmarkIT respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the HealthmarkIT Sites, You agree not to use any HealthmarkIT Site to infringe the intellectual property rights of others in any way. HealthmarkIT reserves the right to terminate the accounts of any Users, and block access to the HealthmarkIT Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. HealthmarkIT reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact HealthmarkIT as set forth in Section 6 above.

8. HealthmarkIT's Liability.

The HealthmarkIT Sites act as, among other things, venues for (i) employers to and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles. HealthmarkIT mayor may not screen or listings, including Profiles offered, to insure validity.  As a result, HealthmarkIT is not responsible for User Content, the quality, safety or legality of profiles posted, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and HealthmarkIT makes no representations about any jobs, resumes or User Content on the HealthmarkIT Sites. While HealthmarkIT reserves the right in its sole discretion to remove User Content, resumes or other material from the HealthmarkIT Sites from time to time, HealthmarkIT does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.

Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the HealthmarkIT Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the HealthmarkIT Sites.

Because User authentication on the Internet is difficult, HealthmarkIT cannot and does not confirm that each User is who they claim to be. in the event that You have a dispute with one or more Users, You release HealthmarkIT (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The HealthmarkIT Sites and the HealthmarkIT Content may contain inaccuracies or typographical errors. HealthmarkIT makes no representations about the accuracy, reliability, completeness, or timeliness of any HealthmarkIT Site or the HealthmarkIT Content. The use of all HealthmarkIT Sites and the HealthmarkIT Content is at Your own risk. Changes are periodically made to HealthmarkIT Sites and may be made at any time. HealthmarkIT cannot guarantee and does not promise any specific results from use of any HealthmarkIT Site. No advice or information, whether oral or written, obtained by a User from HealthmarkIT or through or from any HealthmarkIT Site shall create any warranty not expressly stated herein.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

HealthmarkIT encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall HealthmarkIT be liable for the deletion, loss, or unauthorized modification of any User Content.

HealthmarkIT does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any HealthmarkIT Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.

If notified of any content or other materials which allegedly do not conform to these Terms, HealthmarkIT may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. HealthmarkIT has no liability or responsibility to Users for performance or nonperformance of such activities.

9. Disclaimer of Warranty.

TO THE FULLEST EXTENT POSSIBLE BY LAW, HEALTHMARKIT DOES NOT WARRANT THAT ANY HEALTHMARKIT SITE OR ANY HEALTHMARKIT SERVICES WILL OPERATE ERROR-FREE OR THAT ANY HEALTHMARKIT SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY HEALTHMARKIT SITE OR THE HEALTHMARKIT CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, HEALTHMARKIT IS NOT RESPONSIBLE FOR THOSE COSTS. THE HEALTHMARKIT SITES AND HEALTHMARKIT CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HEALTHMARKIT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEALTHMARKIT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE HEALTHMARKIT CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

10. Disclaimer of Consequential Damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL HEALTHMARKIT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY HEALTHMARKIT SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY HEALTHMARKIT SITE AND THE HEALTHMARKIT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHMARKIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Limitation of Liability.

TO THE FULLEST EXTENT POSSIBLE BY LAW, HEALTHMARKIT'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY HEALTHMARKIT SITE OR YOUR USE OF THE HEALTHMARKIT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

12. Links to Other Sites.

The HealthmarkIT Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by HealthmarkIT of the contents on such third-party Web sites. HealthmarkIT 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 Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.

13. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any HealthmarkIT Site.

14. Indemnity.

You agree to defend, indemnify, and hold harmless HealthmarkIT, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any HealthmarkIT Site, (ii) Your use of any HealthmarkIT Content, or (iii) Your breach of these Terms. HealthmarkIT shall provide notice to You promptly of any such claim, suit, or proceeding.

15. General.

HealthmarkIT makes no claims or representations that the HealthmarkIT Content may be lawfully viewed or accessed outside of the United States. Access to the HealthmarkIT Content may not be legal by certain persons or in certain countries. If You access any HealthmarkIT Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any HealthmarkIT Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

These Terms are governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Indiana. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, HealthmarkIT’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect HealthmarkIT’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the HealthmarkIT Sites, a particular "Legal Notice," or software license or material on particular pages on the HealthmarkIT Sites, these Terms constitute the entire agreement between You and HealthmarkIT with respect to the use of the HealthmarkIT Sites. No changes to these Terms shall be made except by a revised posting on this page.

16. Additional Terms.

Certain areas of the HealthmarkIT Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

17. Mobile Services.

If You use the HealthmarkIT Sites through a mobile device, You agree that information about Your use of the HealthmarkIT Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the HealthmarkIT Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the HealthmarkIT Sites using a mobile device, You represent that to the extent You import any of Your HealthmarkIT data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your HealthmarkIT account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the HealthmarkIT Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the HealthmarkIT Sites are available and the terms for these services for Your specific mobile devices.

By using any downloadable application to enable Your use of the HealthmarkIT Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
 18. Term and Termination.

These Terms will remain in full force and effect while You are a User of any HealthmarkIT Site. HealthmarkIT reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the HealthmarkIT Sites and immediate termination of Your registration with or ability to access the HealthmarkIT Sites and/or any other services provided to You by HealthmarkIT, upon any breach by You of these Terms or if HealthmarkIT is unable to verify or authenticate any information You submit to a HealthmarkIT Site registration. Even after You are no longer a User of the HealthmarkIT Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.