While the rush to telehealth adoption may have slowed a bit from its highs early on in the pandemic, the data show consumer interest in virtual care continues to be piqued. According to UnitedHealth Group's fifth annual Consumer Sentiment Survey, a survey-record 56% said it is likely they would use virtual care for medical services.
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Term
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Subscription fee
Subscriber shall pay to Hippo UX, Inc. an annual Subscription Fee in the amount of $10.00 for the 1 year annual Subscription Fee, $18.00 for the 2 year subscription fee, and $25.00 for the 3 year subscription fee for access to the HIVE Service. The annual Subscription Fee for the Initial Term shall be paid in full to Hippo UX, Inc. at the outset to commence the Initial Term of the Subscription selected from among the three different subscription term options. Subscriber’s payment obligations for the $10.00 per annual subscription for the one (1) year term are non-cancellable and payments are non-refundable.
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Our responsibility
Hippo UX will use reasonable efforts to make Services on the HIVE available to Subscribers on a 24 hours a day, 7 days a week basis.
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Privacy
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Permitted use
Subject to Subscriber’s compliance with all terms and conditions of this Agreement, Hippo UX grants Subscriber a limited, nontransferable, and nonexclusive license to access and use the HIVE proprietary internet-based resource (individually or collectively the “Service”), which provides access to a variety of resources, opinions, studies, viewpoints, research findings, use cases and other materials related to virtual care and the telemedicine/telehealth realm.
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Under this license, Subscriber and its employees, agents, representatives and members (individually or collectively the “Permitted Users”) may access and use the HIVE Service for informational and knowledge sharing.
Restrictions
Subscribers shall use the Service Materials only for the Permitted Use. Subscriber shall not sell, rent, lease, license, sub-license, transfer disclose or distribute Service Materials to anyone other than a Permitted User without Hippo UX’s express written consent. Subscriber is prohibited from copying or distributing the Service Materials to a computer, Internet-based or other electronic system owned or operated by someone other than a Permitted User. The materials presented on the HIVE do not constitute medical advice or provide healthcare guidance for any one individual or health condition and are presented strictly for purposes of raising awareness and visibility of various healthcare initiatives and research in a virtual care environment
Proprietary rights
Certain
intellectual property rights including trademarks, service marks, logos, phrases and other Proprietary assets belonging to and registered to the Companies as well as Proprietary Materials they own will appear on the HIVE. The absence of a product, service/trademark, or logo on printed materials portrayed on HIVE materials but not specifically listed herein does not constitute a waiver of the Companies’ rights with respect to such Materials. Subscriber acknowledges and agrees that no title to the Companies’ intellectual property is transferred or assigned under this Agreement. Hippo Technologies, Inc. and Hippo UX, Inc. retain all right, title, and interest in and to the Materials on the HIVE.
Protection of the companies’ intellectual property
Upon expiration or termination of this Agreement with any Subscriber, or Subscriber’s breach of a material term of this Agreement, Subscriber shall immediately cease use of all Materials provided pursuant to this Subscription Agreement and the HIVE. Unauthorized use of the Materials (including modifications and derivatives of Materials or us of the Materials or any other copyrighted materials owned by the Companies in subscriber or third-party documents in Subscriber’s possession, shall constitute a violation of state and federal copyright and/or trademark laws. The Companies reserve the rights to prosecute violators to the full extent of the law.
Contact for alleged copyright infringement
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Unintentional information errors
Although the HIVE strives at all times to maintain the accuracy of information published, maintained or made available to Subscribers to the HIVE, occasionally information may contain unintentional errors and misprints. Some information made available on the HIVE may be obtained or compiled from publicly available resources, including state and federal government sources, international organizations, nonprofit organizations and other sources that the Companies believe to be reliable, but the accuracy of which we ultimately do not have any control over and for which the Companies disclaim any responsibility
Public forums; inappropriate conduct on platform
The HIVE may offer message boards, bulletin board, chat rooms, blogs, or other similar public forums or communication tools through the subscription service where authorized Subscribers can communicate. Harassment in any manner or form on the HIVE, including via email, chat, or by use of abusive or inappropriate language, is strictly forbidden. Impersonation of others, including an employee of the Companies, a HIVE contributor, representative, or host, as well as other Subscribers or users of the HIVE is prohibited. Subscribers may not upload to distribute, or otherwise publish through the HIVE any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Subscribers may not upload, post, or contribute any commercial or criminal content to the HIVE.
Responsibilities and disclaimers concerting content and communications
The Companies do not assume any responsibility for materials published, posted, or appearing on the HIVE and we are not in any way responsible for the content of such published, posted, and other communications and materials published on the HIVE. Subscriber acknowledges that our providing Subscriber with the ability to access the HIVE, to review published and posted materials, and to communicate with us and other Authorized Subscribers through the HIVE, we are acting as a passive conduit for the distribution, publishing and posting of research, articles, news and other healthcare-related materials for Subscribers and we are not undertaking any obligation or liability relating to content or activities in the HIVE. The Companies reserve the right to block or remove any articles, communications or materials that we become aware of and determine to be: ( a ) abusive, defamatory, or obscene, ( b ) fraudulent, deceptive, or misleading, ( c ) in violation of copyright, trademark, or other intellectual property rights of another, or ( d ) offensive or otherwise unacceptable to the Companies in our sole discretion.
Contributors and Subscribers to the HIVE of articles, research reports, news items and other postings are solely responsible for any content posted or communications they make through the HIVE and the consequences of such contributed articles, reports, news items and other postings, and agree to hold the Companies harmless from any liability to or claims by third parties as a result of such use and communications. In furtherance of the foregoing, Subscribers and contributors agree that you will not: ( a ) communicate or submit material that is copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to publish, post, contribute or communicate the material; ( b ) knowingly publish or communicate falsehoods or misrepresentations that could damage us or any third party; ( c ) submit or communicate material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered dangerous, harmful to others, a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate. We reserve the right to remove, edit, or not publish or communicate any content submitted to the HIVE that violate these Terms.
Disclamer and limitation of liability
THE COMPANIES’ HIVE SUBSCRIPTION SERVICE IS THE HEALTHCARE INSTITUTE FOR VIRTUAL EDUCATIONAL PROVIDING ARTICLES, INFORMATION, NEWS, IDEAS, COMMENTS, LATEST DEVELOPMENTS AND RESEARCH OF NOTE ON A GLOBAL BASIS. THE HIVE PROVIDES THIS VIRTUAL INFORMATION VIA THE HIVE SUBSCRIPTION SERVICE WHICH IS AN INFORMATIONAL, VIRTUAL EDUCATION MECHANIESM PROVIDED FOR A MODEST ANNUAL SUBSCRIPTION FEE. THE HIVE IS ALSO A FORUM FOR SHARING IDEAS AND NEWS RELATING TO TELEHEALTH, TELEMEDICINE, VIRTUAL CARE SOLUTIONS AND OTHER HEALTH RELATED TOPICS OF INTEREST ON A GLOBAL BASIS. THE COMPANIES ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE RELIABILITY OR ACCURACY OF THE INFORMATION PRESENTED OR CONTAINED ON THE HIVE PLATFORM. SUBSCRIBERS ARE HEREBY NOTIFIED THAT INFORMATION, VIEWS, OPINIONS PRESENTED ON THE HIVE DO NOT CONSTITUTE MEDICAL ADVICE, HEALTHCARE TREATMENT RECOMMENDATIONS, OR CLINICAL CARE ADVICE AND SHALL NOT BE RELIED UPON FOR ANY INDIVIDUAL OR GROUP HEALTHCARE DECISIONS OR TREATMENTS. SUBSCRIBERS MUST CONSULT WITH AND SPEAK WITH THEIR OWN PHYSICIANS, NURSES AND OTHER HEALTHCARE PROFESSIONALS IN RELATION TO THEIR OWN INDIVIDUAL HEALTHCARE TREATMENT AND DECISIONS. THE MATERIALS PROVIDED ON THE HIBVE ARE PRESENTED “AS IS” AND THE COMPANIES MAKE NO, AND DISCLAIM ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMLIED, WITH RESPECT TO THE HIVE MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. IN NO EVENT SHALL THE COMPANIES AND THE HIVE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIEVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, PROFITS, REVENUE, USE, DATE, OR OTHER INFORMATION ARINSG OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE COMPANIES DO NOT WARRANT THAT INFORMATION AND MATERIALS PUBLISHED OR CONTAINE, POSTED OR APPEARING ON THE HIVE WILL MEET SUBSCRIBER’S REQUIREMENTS OR THAT THE OPERATION OF THE HIVE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THE HIVE PLATORM IN TERMS OF CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE OR THE RESULTS YOU MAYH OBTAIN FROM THE USE OF ANY SUCH INFORMATION. THE COMPANIES DO NOT WARRANT THAT ANY ACCESSIBLE DATA OR OTHER INFORMATION AVAILABLE THROUGH THE HIVE WILL BE ERROR FREE. THE COMPANIES MAKE NO CLAIM TO RENDER LEGAL, POLICY, MEDICAL, HEALTHCARE POLICY OR OTHER ADVICE OR SERVICES. IF MEDICAL ADVICE OR EXPERT MEDICAL OR HEALTHACARE ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT HEALTHCARE/MEDICAL PROFESSIONAL SHOULD BE SOUGHT. UNDER NO CIRCUMSTANCES WILL THE COMPANIES LIABILITY EXCEED THE AMOUNT PAID BY THE SUBSCRIBER FOR THE THEN CURRENT SUBSCRIPTION TERM UNDER THIS AGREEMENT. ALL PARTIES SHALL BE RELEASED FROM LIABILITY AND HELD HARMLESS IF UNABLE TO PERFORM UNDER THIS AGREEMENT DUE TO FORCE MAJEURE INCLUDING WAR, ACTS OF GOD, GOVERNMENT ACTIONS, OT OTHER MATTERS OUTSIDE THE CONTROL OF SUCH PARTY.
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Termination; continuation; refunds
The initial subscription period is for one year (12 months), two years (24 months) or three years (36 months) from the time the Subscriber signs up for the HIVE and pays the required annual fee of $10, $18 or $25 dollars for the appropriate term chosen by the Subscriber (the “Initial Term.”) The subscription will automatically renew with payment for subsequent subscription terms of the same duration and will be charged to the same payment method (e.g. credit card, checking account or other payment method/account) for additional terms for the selected initial term unless the Subscriber provides the Companies with notice at least thirty (30) days before the end of the Initial Term.
No refunds will be given once the Subscriber pays the annual fee of $10 for the Initial Term and fees paid by credit card cannot be disputed once Subscriber has accessed the HIVE platform to start the Initial Term.
Notices
All notices under this agreement shall be in writing and shall be deemed given when delivered personally, or sent by certified, or registered U.S. mail, or nationally-recognized express courier, return service requested. If to the Companies, at the following address:
Hippo UX, Inc.
Attn: Dick Kile, President, Hippo UX, Inc.
2999 W. 8th Street, Washougal, WA 98671
Unless directed otherwise in writing by Subscriber, the Companies shall send all notices to Subscriber to the Subscriber’s billing address or last registered email address on file with the Companies.
Governing law, dispute resolution and venue
This Agreement shall be governed by and construed under the laws of the State of Washington without regard to its conflict of law principles. The failure of any party to exercise any right provided in this Agreement shall not be deemed a waiver of any other right contained herein. Neither party may bring a lawsuit or other formal legal proceeding for a dispute arising pursuant to or in connection with this Agreement without first making a good faith effort to resolve the dispute through mediation before a third-party mediator trained or certified as such. Such mediation shall be held in Seattle, Washington. The parties agree to share equally the cost of mediation; provided, however, that each party shall pay their own attorney fees and costs. In the event that the parties are unsuccessful in resolving the dispute through mediation, a lawsuit may be filed. The exclusive jurisdiction and venue for any such lawsuit shall be a court of competent jurisdiction located in King County, Washington. Subscriber hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington. The prevailing party in any such lawsuit shall be entitled to its reasonable attorney fees and costs.
Modification of terms of service
The Companies reserve the right, at our sole discretion, to change or modify all or a portion of the terms of this Agreement or the HIVE platform service at any time. If we decide to modify or change this Agreement, we will note at the top of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms since your prior use of the HIVE. We may also notify you through email notification or through other reasonable means and as may be required by law. Changes to these Terms and Conditions will be effective when posted. The Companies may also choose to notify Subscriber of any such modifications by other reasonable means. Subscribers continued use of the HIVE platform after any such notification or posting of any new date of the then last update shall constitute Subscriber’s consent to such updated Terms and Conditions of Use.
