FOR CONSUMER USE: I agree to Healthy Price’s Terms of Use
LAST UPDATED: January 31st, 2021
Please carefully read this Terms of Use Agreement (the "Agreement"), which governs your access to this website/application. Your use of the website/application constitutes your Agreement to comply with these terms.
This Agreement is between you ("you", "your") and Healthy Price ("Healthy Price", "we", "us") and governs your use of Healthy Price’s online websites (together with any successor Website(s)/application(s), the "Website"). By logging onto the website, you signify your Agreement to all of the terms and conditions for using the website. This Agreement shall have the same binding effect as if the same Agreement was in paper form and signed by you.
Acceptance of Terms. The website is made available by Healthy Price to you subject to the terms of this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Website. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using the website, you agree that you are subject to this Agreement and to any additional posted guidelines, rules, terms and conditions applicable to such use, which are hereby incorporated by reference into this Agreement. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Website, with or without notice. You agree that neither Healthy Price nor any of our licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part or of any service, content, feature or product offered through the Website. Your continued use of the Website after such changes will indicate your acceptance of such changes.
Information Submitted Through the Website. Your submission of information through the website is governed by Healthy Price’s Privacy Policy.
Limits on Use. Healthy Price’s Website is provided solely for personal, consumer use, and not for any commercial, professional, research, litigation or other purposes. You are not permitted to modify or download content from the Website (other than page caching), or any portion of it, except with the express written consent of Healthy Price. This license does not authorize or allow any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Healthy Price. Any unauthorized use terminates the permission or license granted by Healthy Price to use this Website. Your use of the Website is conditioned on your compliance with the limits on use set forth in this section and your failure to comply with such rules may result in termination of your access to the Website pursuant to Section 15 ("Termination"), below. While using the Website you will comply with all applicable laws, rules and regulations and you will respect the rights and dignity of others.
To the extent that the Website provides information about a particular physician or other healthcare provider, you will use that information for the sole purpose of evaluating whether you or your family will receive health care from that provider. You will not contact providers listed on this Website for any reason other than for the purpose of seeking health care services for you or your family.
YOU ACKNOWLEDGE THAT HEALTHY PRICE BASIC FREE PLAN LIMITS THE NUMBER OF SEARCHES THAT INDIVIDUALS MAY MAKE OVER A SPECIFIC TIME PERIOD. YOU AGREE NOT TO TAKE ANY STEPS TO CIRCUMVENT THESE LIMITATIONS. IF YOU EXCEED THESE LIMITATIONS, HEALTHY PRICE WILL DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL YOU USE THE WEBSITE OR ANY INFORMATION OBTAINED THEREFROM FOR OR ON BEHALF OF ANY THIRD PARTY OR FOR COMMERCIAL PURPOSES. THIS PROHIBITION INCLUDES BUT IS NOT LIMITED TO USE OF THE WEBSITE FOR COMMERCIAL PURPOSES TO PROVIDE CONSULTING, TIME-SHARING OR OUTSOURCING SERVICES OR TO ACT AS A SERVICE BUREAU OPERATION. YOU ARE EXPRESSLY PROHIBITED FROM DISTRIBUTING ANY OF THE SERVICES OR PORTIONS THEREOF, TO ANY PERSON, FIRM OR ENTITY.
You agree that you will not:
Use the Website for any fraudulent or unlawful purpose.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks, including without limitation, by posting, transmitting or otherwise making available through or in connection with the Website, any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of or to monitor the use of, any hardware, software or equipment.
Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to the Website.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
Frame or mirror any part of the Website without Healthy Price's express prior written consent.
Create a database by systematically downloading and storing Website content.
Use any robot, spider, Website search/retrieval application or other manual or automatic device to retrieve, index, "harvest," "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without Healthy Price's express prior written consent.
You also acknowledge and agree that you (and not Healthy Price) are responsible for: (i) obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Website and (ii) paying all charges related thereto.
Healthy Price is an organization with a mission to enhance the transparency and objectivity of information about provider charges and insurance reimbursement rates for care. Healthy Price provides cost data for specific health care services, based on claims data provided to Healthy Price by payors from all areas of the United States, and organized by medical and postal codes. Healthy Price does not determine, develop or otherwise set these charges or the reimbursement rates for healthcare services. Healthy Price's licensees use the licensed data as a tool to help determine their own fees or rates of reimbursement, or for other purposes. Healthy Price does not guarantee that service providers will receive the amount that is set as the benchmark charge amounts included in Healthy Price's data products. Healthy Price does not provide advice, legal or otherwise, regarding healthcare insurance or fees related to providing healthcare services.
Accuracy of Information. We attempt to provide information that is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date, and we make no representation or guarantee that the information on the Website is complete, accurate or current.
Electronic Communications. When you visit the Website or send e-mails to us, you are communicating with us electronically and thereby you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Proprietary Rights of Healthy Price. All information, content, software and materials included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, including any compilations of such items, are the property of Healthy Price or its content suppliers and are protected by copyright, trademark, patent and/or other proprietary rights and laws.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Healthy Price to access and use the Website, you may make one (1) copy of any content on the Website to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by Healthy Price in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based (whether in whole or in part) on, all or any part of the Website or any materials made available through the Website.
Trade names, trademarks and service marks of Healthy Price include without limitation, "Healthy Price," "Healthy Price," "Healthy Price Fee Estimator" and any associated logos. All trademarks and service marks on the Website not owned by Healthy Price are the property of their respective owners. The trade names, trademarks and service marks owned by Healthy Price, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Healthy Price. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Healthy Price's trade names, trademarks or service marks without our express prior written consent.
You will not use the Licensed Content except as authorized by this Agreement. For example, and without limitation, you will not download or otherwise copy, extract, excerpt, paste, email or print Licensed Content other than as expressly permitted by this Agreement; resell, license, or transfer copies of Licensed Content to others, access the Website as a substitute for using the Licensed Content, create any modified or derivative work of Licensed Content, or make any commercial use of the Licensed Content. In order to use Licensed Content for any purpose other than as authorized in this Agreement, you must obtain a license through the applicable licensor. If you violate the terms of this Agreement, we may terminate this Agreement and your rights to use the Licensed Content.
Hyperlink Use and Disclaimer. We do not necessarily review or approve of the content displayed on websites that have linked to the Website, or to which the Website links. No link to or from this Website shall be construed to imply sponsorship or endorsement by Healthy Price of any other website or its contents.
DISCLAIMER OF WARRANTIES. THIS Website AND ALL INFORMATION, CONTENT, MATERIALS, DATA PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website, INCLUDING THE LICENSED CONTENT, ARE PROVIDED BY HEALTHY PRICE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE Website, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY MATERIALS AVAILABLE OR LICENSED THROUGH THE Website, INCLUDING THE DATA PRODUCTS AND LICENSED CONTENT. HEALTHY PRICE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE Website INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT AND TITLE.
HEALTHY PRICE DOES NOT WARRANT THAT THIS Website; THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website; THE SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM HEALTHY PRICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALTHY PRICE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS Website OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED BY HEALTHY PRICE IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, HEALTHY PRICE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OR DATA OR FOR LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE Website OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, HEALTHY PRICE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE Website OR FROM ANY CONTENT POSTED ON THE Website BY HEALTHY PRICE OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE Website IS TO STOP USING THE Website. THE MAXIMUM LIABILITY OF HEALTHY PRICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO HEALTHY PRICE TO ACCESS AND USE THE Website, AND IN ANY CASE SHALL NOT EXCEED $100.00.
Indemnity. You agree to defend, indemnify and hold harmless Healthy Price from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of or activities in connection with, the Website or Licensed Content; or (b) any violation of this Agreement by you.
Government rights. This Website includes information, including Licensed Content, which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which were developed exclusively at private expense by Healthy Price. Government rights (if any) to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (December 2007) and FAR 52.227-19 (December 2007) as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
Termination. This Agreement is effective until terminated. Healthy Price, in its sole discretion, may terminate your access to or use of the Website, at any time and for any reason, including if Healthy Price believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be affected without prior notice. You agree that Healthy Price shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, you must destroy any copies made of any portion of the Website, including but not limited to Licensed Content.
Governing Law and Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law that would lead to the application of any other law. Healthy Price does not represent or warrant that the Website or any part thereof is appropriate or available for use in any jurisdiction other than the United States. Any dispute arising under or relating to this Agreement shall be subject to the exclusive jurisdiction of a state or federal court located in the State of Delaware, and you agree to submit to the personal and exclusive jurisdiction and venue of such courts.
Applicable Laws. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all applicable federal, state, local and foreign laws, rules and regulations. If you license any data products, you also are subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Miscellaneous. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. This, together with all policies referred to herein, is the entire Agreement between you and Healthy Price relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements or understandings between you and Healthy Price relating to such subject matter. Notices to you may be made via posting to the Website, by e-mail or by regular mail, in Healthy Price's discretion. The Website may provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible 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. Healthy Price will not be responsible for failures to fulfill any obligations due to causes beyond its control. This Agreement is written in and is to be interpreted for all purposes in accordance with the English language as used in the United States. Any version of this Agreement in any other language is for convenience only and not binding on any party.
Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to contact@healthyprice.org.