Terms of Use

Last Modified Date: February 2, 2022

These Terms of Use are entered into by and between you (“you” or “your”) and HealthTrust, LLC (“HealthTrust,” “we,” “us,” or “our”) and together with our Privacy Policy (collectively, the “Terms””), which is incorporated by reference, govern your use of and access to www.healthtrust.com (the “Website”). We encourage you to carefully review these Terms of Use prior to using the Website.

Acceptance of the Terms of Use

BY USING THE WEBSITE, YOU HEREBY ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS. If you do not agree with these Terms, then you must not access or use the Website.

Age and Geographic Restriction

This Website is made available to users who are at least eighteen (18) years of age and who are located within North America. If you are not at least eighteen (18) years of age and located within North America, then you should immediately cease your browsing session on our Website. By using the Website, you represent and warrant to HealthTrust that you: (1) are at least eighteen (18) years of age, (2) are located within North America, (3) have legal capacity to enter into a legally binding contract, and (3) agree to be bound by the terms and conditions of these Terms.

Arbitration Notice & Agreement

PLEASE NOTE THAT THESE TERMS OF USE INCLUDE AN ARBITRATION AGREEMENT THAT IMPACTS YOUR RIGHTS TO HAVE ANY LEGAL CLAIMS THAT YOU MAY HAVE AGAINST HEALTHTRUST HEARD BEFORE A JUDGE AND JURY.

Any dispute or claim arising out of or in connection with these Terms or your use of this Website or any of the services provided on or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act shall apply to this Agreement. To commence arbitration under these Terms of Service, you are required to send a letter requesting arbitration and provide us with details regarding your claim to our registered agent [Jennifer Compton], [Shumaker, Loop & Kendrick, LLP, 240 S Pineapple Ave 10th floor, Sarasota, FL 34236].

The arbitration will be conducted in accordance with the American Arbitration Association’s (“AAA”) rules, which are available online at www.adr.org or by calling (800) 778-7879. The AAA rules will govern the payment of filing, administration, and arbitrator’s fees. Any arbitration carried out under this Section may be conducted by telephone, based on written submissions, or at a mutually agreed upon location. The parties hereto agree that any disputes will be conducted on an individual basis only and not in a class, consolidated, or representative action.

Privacy and Your Information

All of the information that we collect on the Website is subject to our Privacy Policy. By using the Website, you hereby consent to all actions taken by HealthTrust with respect to your information that is in compliance with the terms and conditions of the Privacy Policy.

Intellectual Property Rights

The Website, including its entire contents, the design, selection, and arrangement thereof and any information, software, text, images, displays, graphics, video, and audio are owned by HealthTrust, its licensors, other providers of such materials, and are protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property rights laws.

You may only use the Website under these Terms of Use for your personal and non-commercial use. You are expressly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, performing, republishing, downloading, storing or transmitting any of the consent, information, or material on our Website, except that you may: (1) temporarily store copies of such materials incidental to your accessing and viewing of such materials on the Website; and (2) store files automatically cached by your internet browser in connection with your access of the Website in accordance with these terms of use;

You are prohibited from:

• Modifying copies of any content, information, or materials from the Website; and/or
• Deleting or altering any copyright, trademark, or other proprietary rights notices from copies of any content, information, or materials of the Website.

In the event that you print, copy, modify, download, or otherwise use any part of the Website in violation of these Terms, your right to use the Website will immediately and automatically cease and you shall destroy all copies of the content, information, or materials that you have made.

Nothing contained in these Terms confers any right, title or interest in or to the Website, its content, or information to you. Any use of the Website that is not expressly permitted by these Terms is a breach of the terms and conditions hereof and may violate copyright, trademark, and other laws.

Prohibited Uses

You are only permitted to use this Website and any services available on or through the Website for lawful purposes and in accordance with these Terms. You agree that you will not use the Website:

• In any manner that violates any applicable international, federal, state, provincial, or local law or regulation (including, but not limited to, any laws regarding exporting data or software to and from the United States or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms.

• To transmit or procure the sending of, any advertising or promotional material, including any junk mail, spam, or other solicitations.

• To impersonate or attempt to impersonate HealthTrust, a HealthTrust employee, another user, or any other person or entity.

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm HealthTrust or users of the Website.

In addition to the foregoing prohibitions, you further agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in the services or any other activities available on or through the Website.
• Use any robot, spider, script, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service.
• Use any device, software, script, code, or routine that interferes with the proper working of the Website, including any services available on or through the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Enforcement of these Terms

HealthTrust reserves the right to take any of the following actions in the event that you violate any provision of these Terms, without prejudice to any other rights or remedies that HealthTrust may have available to it under the law:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

• Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

Reliance on Information

The content and information contained on the Website is made available solely for general informational purposes only. HealthTrust does not warrant or guarantee the accuracy, completeness, or usefulness of any content or information that is included on the Website. Any reliance that you place upon any such content or information is entirely at your own risk. HealthTrust expressly disclaims all liability and responsibility in connection with your reliance on any content or information posted on the Website.

Changes to this Website

HealthTrust reserves the right to make changes to or to withdraw the Website, any service, content, or information that is available on or through the Website in our sole discretion and without notice. Under no circumstances will HealthTrust be liable to you or any other party if for any reason all or any part of the Website is unavailable. We reserve the right to restrict access to some parts of the Website or the entire Website.

Changes to these Terms

We reserve the right to update these Terms from time to time in our discretion. If we revise these Terms, any such changes shall become effective upon their posting. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to review these Terms from time to time to stay informed of any changes. To assist you in determining whether a change has occurred since your last visit, we will update the Last Modified Date above on the date we post any revision to these Terms. If you do not agree to a change to these Terms, then you must cease using the Website.

Third Party Hyperlinks

To the extent that the Website contains hyperlink to third party websites that are not owned, operated, or controlled by HealthTrust (each, a “Third Party Website”), your use of any such Third Party Website is entirely at your own risk. Hyperlinks to any Third Party Website are provided exclusively for your convenience. HealthTrust has no control over the content, business, or privacy practices of any Third Party Website. HealthTrust shall have no liability or responsibility for any loss or damage that is sustained by you or anyone else in connection with your use of any Third Party Website.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEALTHTRUST WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR CODE THAT MAY INFECT YOUR COMPUTER, COMPUTING DEVICE, SOFTWARE, APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT OR INFORMATION POSTED ON THE WEBSITE, OR TO ANY WEBSITE HYPERLINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES AVAILABLE ON OR THROUGH THE WEBSITE SHALL BE ENTIRELY AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, INFORMATION, AND ANY SERVICES AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HEALTHTRUST DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, INFORMATION, OR ANY SERVICES OBTAINED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OBTAINED ON OR THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, HEALTHTRUST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES IMPLIED BY STATUTE, COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING.

Indemnification
You agree to fully defend, indemnify, and hold HealthTrust, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with: (1) your violation of these Terms or your use of the Website, (2) your violation of applicable law, (3) your use of the Website’s content, services, and products other than as expressly authorized in these Terms, or (4) your use of any information obtained from the Website.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL HEALTHTRUST, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SERVICES, ANY WEBSITE HYPERLINKED TO IT, ANY CONTENT OR INFORMATION ON THE WEBSITE OR ANY OTHER WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEALTHTRUST BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER KINDS OF SIMILAR TYPES OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE. THE LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE LEGAL CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR SOME OTHER THEORY OF LIABILITY AND REGARDLESS OF WHETHER HEALTHTRUST WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS IS AN ESSENTIAL TERM OF THESE TERMS AND YOUR USE OF THE WEBSITE.

THE FOREGOING DISCLAIMER DOES NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction

These Terms of Use and all matters regarding the Website, including any disputes or claims arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Florida, without regard for any conflict of law rule or statute.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.

Waiver

No waiver of any term or condition in these Terms of Use will be effective unless it is in writing and signed by a duly authorized representative of HealthTrust. No waiver of any term hereunder shall be deemed to be a further or continuing waiver of such term or condition and any failure by HealthTrust to assert a right or provision under these Terms of Use shall not constitute any waiver of that right or provision.

Severability

In the event that any provision of these Terms are determined to be illegal, invalid, or unenforceable by a court or tribunal of competent jurisdiction, such determination shall not effect any other provision of these Terms, which shall continue in full force and effect.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and HealthTrust regarding the Website and supersede any and all prior and contemporaneous understandings, agreements, representations, and warranties, regardless of format, regarding the Website.

Contact Us

If you have any questions or concerns regarding these Terms or would like to exercise any of your options regarding your information, please contact us using one of the following methods:

U.S. Mail: 6801 Energy Court, Suite 200, Sarasota, Florida 34240

Telephone: (941) 363-7500

E-mail: [email protected]