Updated November 8, 2022
The following is an agreement between you (the “User”) and Employer Direct Healthcare, LLC and its affiliates (“EDH”, “we”, “our”) about your usage of our website (the “Website”), our mobile, desktop, or web applications (our “Apps”) and the other related solutions or tools (collectively, the “Digital Tools”).
Thank you for visiting or using our Digital Tools, which are owned and operated by EDH. Please read the following legal agreement before using our Digital Tools.
Your use of the Services constitutes your acceptance and agreement to all terms, conditions and notices contained herein. If you do not agree to the terms and conditions of use, you may not access or otherwise use the Services.
EDH makes the Digital Tools available for providing general information on health-related issues and providing access to health-related resources. The Digital Tools and the health-related information and resources associated are not intended to be a substitute for professional medical advice or for the care that patients receive from their physicians. Nothing in the Digital Tools is intended to be used for medical diagnosis or treatment. Your questions regarding medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.
User has a nonexclusive, nontransferable, limited, and revocable right to use our Digital Tools for personal education, information, and entertainment, subject to these terms and restrictions.
User agrees not to use the Digital Tools for any other purpose, including any commercial purpose, without EDH’s express prior written consent.
User agrees to cooperate with EDH in stopping any unauthorized use immediately.
List of Restrictions
Neither the Digital Tools nor any element thereof, including without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed.
The contents of the Digital Tools are protected by copyright and unauthorized use may violate copyright, trademark, and other laws. User may download copies of such materials to his/her computer solely for User’s personal, non-commercial use only if all copyright, trademark, and/or other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation.
User may not change or prepare derivative works based upon the Digital Tools, or any element thereof, and User may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from or related to the Digital Tools.
It’s a condition of User’s use of the Digital Tools that User doesn’t restrict or inhibit any other user from using the Digital Tools.
User will not use the Digital Tools in violation of any laws including without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws. Any advertisement, links with other websites, co-hosts or references to third parties are not intended to result in any referrals or compensation to User or EDH.
Reservation of Rights
For more information about the use of EDH, its logo and other related information, please contact EDH directly.
The Digital Tools and all elements thereof are provided on an “as-is” basis without warranty of any kind, express or implied.
EDH disclaims all warranties, express or implied, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, or non-infringement. EDH doesn’t warrant that the Digital Tools will operate or perform in a manner that’s uninterrupted or error-free, or that the Digital Tools or host servers will be maintained free of viruses or other harmful code.
EDH makes no warranties that the information presented on the Digital Tools is current, up to date, suitable, or accurate. Some states and jurisdictions don’t allow limitations on implied warranties, so the above limitation may not apply to User. The foregoing will be enforceable to the greatest extent permitted by applicable law.
Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will EDH or any of its related or affiliated companies be liable to User or any other party for any direct, indirect, special, incidental, reliance, punitive or consequential damages, however caused, and regardless of character, including, without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise.
Links to Third-Party Websites
We may provide links and pointers to websites maintained by third parties and may, from time to time, provide third-party materials on our Digital Tools. Neither EDH nor its related, affiliated companies operate or control in any respect any information, products or services on these third-party websites. The third-party materials on the Digital Tools and the third-party websites are provided “as-is” and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, EDH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. EDH doesn’t warrant or make any representations about the use or the results of the use of the third-party materials in the third-party sites for their correctness, accuracy, timeliness, reliability, or otherwise.
EDH controls and operates the Digital Tools from its headquarters in Dallas, Texas, United States of America. EDH makes no representation that these materials are appropriate or available for use in other locations. If User uses this site from other locations, the User is responsible for compliance with applicable local laws.
General Terms and Conditions
This agreement must be deemed to include all other notices, policies, disclaimers, and other terms contained in the Digital Tools; provided, however, that in the event of a conflict between such other terms and the terms of this agreement, the terms of this agreement must control.
This agreement must be deemed to have been made in the State of Texas, U.S.A. and must be interpreted, and the rights and liabilities of the parties hereto determined under the laws of the State of Texas, U.S.A., without regard to conflicts of law principles.
The parties consent to the exclusive jurisdiction of the state and federal courts for the State of Texas, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this agreement. Both parties hereby consent to the jurisdiction of the Texas courts and waive any objections about personal jurisdiction or about the laying of venue in such courts due to inconvenient forum or any other basis.
The User acknowledges that no joint venture, partnership, employment, or agency relationship exists between themselves and EDH as a result of this agreement or use of the Digital Tools. User agrees not to hold himself or herself out as a representative, agent or employee of EDH. EDH must not be liable for any representation, act or omission of the User.
EDH’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of EDH’s right to follow law enforcement requests or requirements relating to the User’s use of the Digital Tools or information provided to or gathered by EDH about such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the rest of the agreement will continue in effect.
This agreement makes up the entire agreement between the User and EDH with respect to the Digital Tools, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and EDH with respect to the Digital Tools.
A printed version of this agreement and of any notice given in electronic form will be allowed in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
As a condition of use of the Digital Tools, the User agrees to indemnify EDH, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including reasonable attorneys’ fees) and damages arising out of legal claims resulting from User’s use of the Digital Tools, including, without limitation, any claims alleging facts that, if true, would constitute a breach by User of these terms and conditions. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.