Holcmed.com Terms & Conditions
Your Account Profile, Access and Use of the Site
Medical Emergency Disclaimer
If You are experiencing a medical emergency, call emergency personnel (911) immediately and/or contact your local hospital right away. Do not rely on electronic communications through this Site for assistance for medical emergencies or urgent medical needs. Any information provided on this Site regarding emergency room wait times or availability is provided for informational purposes only, and Holcmed.com does not warrant the accuracy or timeliness of any such information.
Site Services are Not Medical Advice
We advise Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something You have read on this Site. If You have or suspect that You have a medical problem or condition, please contact a qualified health care professional immediately. Nothing contained in the Site is or should be considered, or used as a substitute for, individual medical advice, diagnosis or treatment.
Medical Records Storage and Electronic Communications
You may have the opportunity to access healthcare records and information through the Site (“Your Records”). You hereby grant Holcmed.com, our employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of this Site, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use Your Records in connection with the establishment and maintenance of your Holcmed.com account to provide the Services and operate the Site. You are also responsible for reviewing your account information as well as any documents produced by Holcmed.com Some Services provide secure electronic communications services related to Your healthcare. Note that email transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, and Holcmed.com therefore does not accept liability for any errors or omissions in the contents or receipt of e-mail transmissions. You are responsible for utilizing provided secure electronic communication services provided in the Services in order to preserve security of Your Records.
Disclaimer, Warranties and Limitation of Liability
THE SERVICES AND ANY INFORMATION CONTAINED ON THE SITE OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE WILL REGARD ALL ACCESS TO AND USE OF THIS SITE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE SITE GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children, or anyone under the age of 18. Parents and authorized legal guardians may utilize the Site as provided herein.
Governing Law and Venue; Territory; Devices This Agreement is entered into between You and Holcmed.com in the State of Colorado, and is performed within the State of Colorado and governed by and shall be construed in all respects under the laws of the State of Colorado, exclusive of its choice of law or conflict of laws provisions. In any claim or action by You directly or indirectly arising under this Agreement or related to the Services, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Denver County, Colorado. You waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Site is intended for use within the United States and its territories and protectorates (the “Territory”). You assume full responsibility for any use of this Site outside the Territory, which is at Your sole risk. Holcmed.com may provide this Site or Services on multiple platforms, operating systems, mobile devices, etc. use of modified systems or devices may compromise the Site and/or Services, including necessary security services. Any use of the Site or Services on a rooted, jailbroken or otherwise adulterated device is expressly forbidden.
Rights, Remedy, and Termination of Services
Holcmed.com may, in its sole discretion, terminate your access to the Services, or any portion thereof, or discontinue providing the Site, or any portion thereof. Holcmed.com may notify You that You have breached the Agreement and your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy Holcmed.com may have available at law. Further, Holcmed.com shall not be liable to You or any third party for any such termination or discontinuance.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Holcmed.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Holcmed.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. NOT WITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Holcmed.com EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU TO Holcmed.com RELATING TO THE AFFECTED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The materials on the Site are copyrighted by Holcmed.com and/or other applicable rights holders. You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content contained in sponsor advertisements or information presented to You through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Holcmed.com or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. You may download and reprint a single copy of the materials from the Site and/or the Services for your own personal, noncommercial use only, provided You include all applicable notices and disclaimers. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by Holcmed.com for use in accessing the Site. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble the Site, merge the Site into other program material, nor shall You otherwise create or attempt to obtain the source code of the Software.
To help make this site more responsive to Your needs, we may also automatically collect certain information through the use of “cookies” or “clear gifs.” “Cookies” are small data files that are stored on a user’s hard drive and a standard feature of browser software, which helps us tailor the site to Your needs, deliver a better, more personalized service, and remember certain preferences, history and choices You’ve made, so You don’t have to re-enter them. Clear gifs (also known as web bugs or web beacons) are small, invisible graphic images that may be used on the site and in emails to collect certain information about Your use of, and activity with, our site and emails. Such information (including Your type of request and other information) is collected, stored and used in accordance with applicable laws and in a manner appropriate to fulfill the nature of Your request.
In cases where You may be using or accessing one of our services that require You to establish and enter a user name and password, the user name and password may be temporarily stored in a cookie. Data stored in the cookie will allow You to automatically log back on without re-entering Your information during the same session. Holcmed.com will only use this information to identify and access Your account to provide the requested services or information. The cookies we use don’t directly identify visitors to, or users of, the site as particular individuals; rather, they contain information sufficient to simplify and improve a visitor’s or user’s experience on the site.
Links to Third-Party Sites
The Site may contain links to sites maintained by third parties. Such links are provided for Your convenience and reference only. Holcmed.com does not operate or control in any respect any information, software, products or services available on such sites. Holcmed.com inclusion of a link to a site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. When You leave the Site please note that Holcmed.com s not responsible for the accuracy or content of the information provided by that site, nor is it liable for any direct or indirect technical or system issues arising out of Your access to or use of third party technologies or programs available through that site. Your use of a third party site linked from the Site is at Your own risk and will be governed by such third party’s terms and policies.
Social Media & Blog Participation
Holcmed.com encourage comments and discussion on our various blogs and social media channels and welcome all kinds of thoughts – supportive, dissenting, critical or otherwise. Holcmed.com reserve the right to edit or delete any comments submitted without notice. Holcmed.com review blog comments to ensure they are aligned with participation guidelines and Holcmed.com may edit, delete, or censor comments that contain any of the following:
- is abusive
- promotes hate of any kind
- uses excessively foul language
- is blatantly spam
- is off-topic
- promotes a product or business
- “Trolling” or other disruptive behavior
- Any comments deemed inappropriate by the moderators of this blog
All comments made on the Holcmed.com blog are the responsibility of the commenter, not the blog owner, administrator, contributor, editor or author. By submitting a comment on Holcmed.com blog, You agree that the comment content is Your own, and to indemnify, defend and hold Holcmed.com and all of its subsidiaries and representatives harmless from any and all repercussions, damages or liability. When You post a comment to a blog or social media channel, please remember that it is published for all to see. For Your own privacy, You should not post personal medical information linked to Your name. By posting any comments, posts or other material on the Holcmed.com blog or social media channels, You give Holcmed.com the irrevocable right to reproduce, distribute, publish, display, edit and otherwise use Your submission for any purpose in any form and on any media.
The views and opinions expressed in comments are strictly those of the author(s) and in no way represent those of Holcmed.com or its affiliates. We assume no liability for the information therein and extends no implied or expressed warranty or guarantee of accuracy. Some content on the Site may include information related to sexuality and/or reproductive health, and You may not consider it appropriate for younger readers.
We cannot respond to every comment, particularly those that deal with individual medical cases and issues.
Digital Millennium Copyright Act (DMCA) Notice
The Site follows the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). As such, we will respond to written notification of copyright infringements in accordance with the DMCA. If You believe your copyrighted material is being infringed on the Site, please contact us immediately.
You and holcmed.com