“HIVE” FREE SUBSCRIPTION SERVICE TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING HEALTHCARE INSTITUTE FOR VIRTUAL EDUCATION (“HIVE”) TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR THE SERVICES THROUGH THE SITE. ALL SUBSCRIBERS/USERS OF THE HIVE SITE AGREE THAT SUCH ACCESS TO AND USE IS SUBJECT TO THESE TERMS AND CONDITIONS AND ALL OTHER APPLICABLE LAWS.
These Subscription Service Terms and Conditions (the “Agreement” or the “Terms”) are set forth by Hippo Technologies, Inc., a Washington corporation (“Hippo”) and its wholly-owned subsidiary, Hippo UX, Inc. (“Hippo UX”), (together “We”, “Hippo” or the “Companies”) as the agreement with a customer, subscriber and authorized user (“Subscriber”) of the HIVE service (as defined below) available through this Site (it being understood and agreed that the term “Subscriber” as used herein shall include any representatives, employees, agents, contractors, subsidiaries and affiliates of the Subscriber that accesses the Service) and that the provisions of this Agreement shall be binding upon Subscriber.
Subscriber understands and agrees that subscribing to the HIVE is free with no additional costs and is included as part of the Subscriber’s customer relationship as a purchaser of Hippo’s software, hardware and other services from the Companies. Subscriber consents to these Terms and Conditions and creates a binding legal agreement with Hippo that govern Subscriber’s access to and use of the HIVE proprietary internet-based resources, information, opinions, research, testimonials and all other materials. Any individual entering into this Agreement on behalf of a business entity or organization or other legal entity, represents that they have the legal authority to bind such entity and its affiliates to these Terms and Conditions.
Subscriber registration obligations
This Agreement shall become effective on the date the Subscriber first accesses the HIVE (the “Effective Date”) by virtue of being a customer of the Companies and shall remain in effect for twelve (12) months thereafter (the “Initial Term”). The Agreement shall automatically renew for additional periods equal to the Initial Term, no less than twelve (12) months and as long as the Subscriber is a customer in good standing with no overdue account balances and amounts owed to the Companies.
Subscriber access to the HIVE is free to customers who purchase Hippo’s software and hardware products, solutions and services from Hippo Technologies, Inc. and/or its affiliates and wholly owned subsidiaries and agree to the Terms of Service Agreement provided by Hippo Technologies, Inc. and its affiliates and wholly owned subsidiaries in the related agreements between the Subscriber and the Hippo Companies.
The Companies reserve the right to change the content, format, method of access, security protocols and other components of the HIVE without notice and in their sole and absolute discretion.
The Companies will use reasonable efforts to make Services on the HIVE available to Subscribers on a 24 hours a day, 7 days a week basis.
The above apply to this Agreement subject to: (a) planned downtime, (b) unforeseeable interruptions in Service or interruptions due to circumstances beyond the control of the Companies (e.g. Force majeure, acts of God, acts of governments, acts of law, and internet service provider failures) and (c ) the disclaimers and other limitations set forth elsewhere in this Agreement.
Subject to Subscriber’s compliance with all terms and conditions of this Agreement, The Hippo Companies grant Subscriber a limited, free, 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, training videos and nodules, viewpoints, research findings, use cases and other materials related to virtual care and the telemedicine/telehealth realm served by Hippo.
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.
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’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.
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
The Companies and the HIVE respect the intellectual property rights of others and it is our policy (i) to block access to or remove content, postings, articles, and other materials that we believe in good faith infringes the copyrights of third parties, and (ii) to remove and discontinue availability of subscription service to repeat infringers. If a subscriber believes that any content contained within the HIVE has been wrongfully copied, posted or made available, it shall notify the Companies at the following email address: email@example.com
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, training materials and videos, 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, TRAINING, VIRTUAL EDUCATION MECHANISM AND FORUM PROVIDED AT NO COST TO CUSTOMERS OF THE HIPPO COMPANIES. 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 MAY 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. 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.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT PUBLISHED, CONTRIBURED, ADDED, POSTED OR APPEARING IN ANY WAY ON THE HIVE OR THE MATERIALS PUBLISHED, POSTED, CONTRIBUTED BY A THIRD PARTY, BY SUBSCRIBER, BY THE COMPANIES, OR ANY OTHER AUTHORIZED PERSON.
The initial HIVE subscription period is free at no cost to the Subscriber, is for one year and may renew so long as the Subscriber continues to utilize and pay for the required monthly, quarterly, semi-annual or annual Hippo software, hardware and other services in accordance of approved Purchase Orders between the Subscriber and the Companies. The subscription will automatically renew with payment for subsequent Hippo software product subscription terms and hardware purchases and usage unless the Subscriber determines to no longer use Hippo software and hardware products and services and is no longer a customer of Hippo and the Companies.
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.
Address: (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 pursuant to approved purchase orders, invoices sent by Hippo and other Agreements between the Subscriber and 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.
Subscribe now for access to exclusive content.