Healthcare Interactive, Inc dba HCIactive is a provider of technology solutions and services that are being offered under a licensing reseller agreement with your reseller, hereafter referenced to as “Licensor”. Your use of the Licensor’s Member Portal, powered by HCIactive, is governed by this agreement. In all cases in this Agreement, "HCI" means HCIactive, located at 6011 University Blvd, Suite 360, Ellicott City, MD 21043, United States, and includes its subsidiaries, affiliates, and licensors involved in providing HCIactive data or services.

The Member Portal does not offer medical advice. Any content accessed through the Member Portal or HCI is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment or uses, directions, precautions, drug interactions, or adverse effects. This content should not be used as a substitute for medical advice from a doctor, or during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions or concerns about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Member Portal or HCI. Call 911 or your doctor for all medical emergencies.

You may only use the Member Portal if you reside in the United States

Reliance on any information provided by the Member Portal, HCI, HCI employees, or others accessed through the Member Portal is solely at your own risk.

You must provide accurate information to use the Member Portal. You are responsible for the security of your passwords and for any use of your account. You must immediately notify HCI of any unauthorized use of your password or account by contacting support@healthspace.net.

Your use of the Member Portal and any content accessed through the Member Portal must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use the Member Portal or HCI.

You may not access the Member Portal other than by the interfaces provided by HCI or interfere with or disrupt the proper operation of the Member Portal and or HCIactive.

If you create, transmit, or display health or other information while using or received from the Member Portal, you may provide only such information that you own or have the right to use. HCI and the Member Portal may only use health information you provide as permitted by applicable law. Neither the Member Portal nor HCI is a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). Although HCI systems are HIPAA compliant as required by our plan sponsors and health insurance plans, HIPAA does not apply to the transmission of health information to or from the Member Portal by or to HCI or any third party.

You understand that HCI does not control or endorse the content that you and others display, transmit or provide to the Member Portal.

You understand that HCI may need and you hereby authorize HCI to use, modify, copy, distribute and display content posted on the Service to the extent necessary to provide the Service in compliance with HIPAA regulations as they may apply to the Member Portal. This includes:

• storing and retrieving the content;
• making the content available to you and to those members of the public to whom have access to the Member Portal;
• conforming to connecting networks technical requirements; and
• conforming to the limitations and terms of the service.

You understand that sharing content that violates other copyrights, other intellectual property rights or any HIPAA rights violates this agreement. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of any information provided does not breach any law.

Your use of the Member Portal and any content accessed through the Member Portal is subject to the additional terms provided in connection with HCI’s agreement in effect at that time with the Licensor.

The use of the Content and Services is at your own risk. Some health-related content may be sexually explicit and may include content that you find offensive.

When using the Member Portal, information is transmitted over an electronic medium that is beyond the control and jurisdiction of HCI and its and its subsidiaries, affiliates or licensors. As such, HCI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with HCI products or services. How safe this information remains depends on how well you protect your computer from spyware and other programs that attempt to hack into your system. Keep your operating system up-to-date and use anti-virus software and personal firewalls to protect your computer from unwanted intrusions.

The content, services and data are provided on an "as is" basis, and HCI assumes no liability to or for the accuracy of your data or any other data accessed through our products or services.

HCI may make third-party services or internet sites available through the Member Portal for the convenience of World Wide Web users. If you access a third party’s website or data or information through the Member Portal, you are solely responsible for authorization to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or if you otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.

The Member Portal may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does NOT endorse any third-party content or services. HCI further does not endorse any third-party service providers, other health care providers, products, services, doctors, opinions, or web sites accessed through the Member Portal. It is your responsibility to examine the copyright and licensing restrictions of linked pages and to secure all necessary permission. You cannot assume that the external sites will abide by the same provisions as HCI.

USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. HCI MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

6.1 Dwolla as a Payment Provider
In order to use the payment functionality of our application, you must open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at https://hciactive.com/contact-us, support@healthspace.net and/or 888-236-8581.

HCI owns all proprietary rights to the Member Portal. HCI gives you a personal, limited, revocable, non-assignable, and non-exclusive license to use the Member Portal. All HCI proprietary source code, products, services and intellectual property remain the sole property of HCI at all times, and limitations of liability do not apply to breaches by you of intellectual property rights or provisions, or indemnification obligations. You will not disassemble, decompile, or reverse engineer any HCI system.

Should you decide to transmit to HCI, by any means or any media, any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree that such submissions are unrestricted and shall be deemed non-confidential and you automatically grant to HCI and its assigns an exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

HCI may modify, suspend or terminate the Member Portal at its sole discretion, and may suspend or terminate your use of the Member Portal if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If HCI or the Licensor terminates the Member Portal or your use of the Member Portal, this agreement will also terminate, but all terms & conditions related to the privacy of data and limits on liability will continue to be effective after termination.

HCI may change this Service Agreement unilaterally by posting new applicable terms & conditions. If we make such changes, you must either agree to the changes or stop using the Service.

You will hold harmless, indemnify, defend or settle any third-party claim against HCI and its subsidiaries, affiliates, and licensors, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, unauthorized use of a third party’s intellectual property or protected health information, or arising out of or related to your use of any HCI products, services or data.

HCI, and its subsidiaries, affiliates, and licensors provide the service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy, completeness, usefulness, or timeliness of information available from the service, nor the advice or information provided by HCI and its subsidiaries, affiliates, licensors, or any third party. Neither HCI nor any of HCI’s licensors make any express warranties, and each of them disclaims to the fullest extent of the law all implied warranties, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. Neither HCI nor any of HCI’s licensors make any warranty that the content in the Member Portal satisfies government regulations requiring disclosure of information on prescription drug products. Content of HCI is developed for use in the United States, and neither HCI nor any of HCI’s subsidiaries, affiliates, and licensors make any representation concerning the content when used in any other country.

Neither HCI nor any of its subsidiaries, affiliates, and licensors may be held liable under this agreement for any damages other than direct damages, limited to $100, even if the party knows or should know that other damages are possible or that direct damages are not a satisfactory remedy. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages, unless you reside in a state that does not allow the exclusion or limitation of incidental or consequential damages. As such, the limitations in this section apply to you only to the extent they are lawful in your jurisdiction. HCI assumes no liability for damage to your computer or other electronic devices which may occur as a result of using the software or website.

This Agreement shall be governed, enforced, performed and construed in accordance with the laws of the State of Maryland, without reference to the principles of conflicts of law. If any dispute or controversy arises among the parties to this Agreement, that dispute or controversy, the parties consent to the exclusive jurisdiction of, and the matter shall be submitted to, the Courts of Howard County, Maryland. The party which does not prevail in such proceedings shall pay the reasonable attorney’s fees and other costs and expenses, including expert witness fees, incurred by the prevailing party.