Introduction

MyPremiseHealth.com is a website that offers online services and healthcare resources ("Site") provided by Premise Health Holding Corp and its affiliates (collectively, "Premise Health"). Use of the Site is governed by these Terms of Use ("Terms of Use"). Individuals accessing the Site are referred to as "you", "your" or "user(s)".

Please read the Terms of Use carefully before accessing the Site.

You may accept the Terms of Use by clicking an "I Agree" button or similar mechanism, or by using the Site. Your acceptance of the Terms of Use forms a binding contract, and you agree to comply with the Terms of Use. If you do not agree to the Terms of Use, you must not use the Site.

Premise Health may modify the Terms of Use at any time. Any modifications will be effective upon posting on the Site and apply to all use of the Site thereafter. Your use of the Site following the posting of revised Terms of Use means that you accept and agree to the modifications. You agree to check this page frequently so you are aware of any changes, as they are binding on you.

The Site is offered only to users who are 18 years of age or older and reside in the United States. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Premise Health, and reside in the United States. If you do not meet all of these requirements, you must not access or use the Site.

Important Warnings

Healthcare resources on the Site are for general education and information purposes only, and are not a substitute for diagnosis and treatment by a licensed clinician. Nothing on the Site is to be construed as the practice of medicine or medical advice. Healthcare resources on the Site are compiled from a variety of sources and are not authored by Premise Health. Premise Health makes no warranty as to the content of these materials or the information contained therein.

You must always seek the advice of a physician or other qualified health care provider for health and medical conditions. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU READ ON THE SITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, CONTACT A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY. NOTHING CONTAINED ON THE SITE IS OR SHOULD BE CONSIDERED OR USED AS A SUBSTITUTE FOR DIAGNOSIS AND TREATMENT BY A DOCTOR. THE SITE MUST NOT BE USED TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911, OR GO TO THE NEAREST HOSPITAL. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SITE.

Your Account

Premise Health hereby grants you a limited, revocable, and non-exclusive license to access and make personal use of the features of the Site properly accessible to your account. You may download content from the Site only for your personal, noncommercial use. No modification, dissemination, further reproduction or other use of the content is permitted.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with or use the Site is governed by the Terms of Use and, if applicable, Premise Health Privacy Policy. You consent to all actions Premise Health takes with respect to your information consistent with the Terms of Use and, if applicable, Premise Health Privacy Policy.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you are responsible for all activities that occur under your account or password.

You will immediately notify Premise Health of any unauthorized use of your password or account, or any other breach of security.

Premise Health reserves the right to refuse service, terminate accounts, and cancel orders in its sole discretion. Premise Health reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part thereof, with or without notice. Premise Health reserves the right to terminate your access to the Site, or any portion thereof, with or without notice. Premise Health will not be liable for exercising any of the foregoing rights or if for any reason all or any part of the Site is unavailable at any time or for any period.

Third Party Websites

The Site provides links to other websites and services that are not owned or controlled by Premise Health ("Third Party Websites"). Premise Health may not have any business relationship with the party that controls a Third Party Website, and a link to that website is offered only as a convenience to you. Premise Health may provide links to Third Party Websites managed by vendors or contractors of Premise Health that offer you services to help you manage your health or to take and fulfill orders when you purchase items or materials. These Third Party Websites may display the Premise Health logo and the logo of the third party vendor, but they are owned and controlled by the third party.

The Site may or may not indicate that you are leaving the Site and linking to a Third Party Website. Premise Health is not responsible for the content, security or the privacy practices of Third Party Websites. You must review the privacy policy and terms of use of each Third Party Website you visit. Links to Third Party Websites do not constitute or imply endorsement by Premise Health of those websites, the information they contain or any products or services they provide, and Premise Health is not responsible for the quality or reliability of any products or services provided by any third party.

User Submissions

You may have access to features permitting you to post comments and material on generally accessible portions of the Site ("User Submissions"). You hereby grant Premise Health a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, display, reproduce, modify, prepare derivative works of, perform, publish, post, transmit and distribute User Submissions, in any form and on any media, in connection with operating the Site. By posting User Submissions to any generally accessible portions of the Site, you agree that such User Submissions are non-confidential for all purposes. By posting User Submissions, you warrant that you own or control all rights in the User Submissions and have the right to grant the license to Premise Health granted above.

You will not post material that infringes or violates any rights of any party.

You will not post material that is unlawful, obscene, offensive, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity, as determined in Premise Health's sole discretion.

You will not use the Site for any purpose in violation of local, state, national or foreign laws.

You will not use the Site as a means to post or distribute advertising or other unsolicited material.

You will not impersonate another person or create any false account information or health record for yourself or any other person.

You will not allow any other person to use the Site.

You will not submit to any generally accessible portion of the Site any personally identifiable information (like name, phone number, email address or health information).

You will not transmit to the Site any software viruses or any other computer code that may monitor, interrupt, destroy or impair the functionality of any computer software or the Site.

You will not use any robot, spider or other automatic device, process or means to access the Site for any purpose.

You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

You will not otherwise attempt to interfere with the proper working of the Site.

Monitoring and Enforcement

Premise Health has the right to:

  • Remove or refuse to post any User Submission for any or no reason in Premise Health's sole discretion.
  • Take any action with respect to any User Submission that Premise Health deems necessary or appropriate in Premise Health's sole discretion.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site.
  • Without limiting the foregoing, Premise Health has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Premise Health to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PREMISE HEALTH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PREMISE HEALTH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PREMISE HEALTH OR LAW ENFORCEMENT AUTHORITIES.

    Premise Health reserves the right, but is not obligated, to edit or remove any User Submissions, regardless of whether such submissions violate the Terms of Use. Premise Health does not undertake to review User Submissions, and cannot ensure prompt removal of objectionable material after it has been posted. Premise Health assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Premise Health has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    Medical Records Storage

    The Site may permit you to upload, store and access your healthcare records and information ("Healthcare Records"). Electronic storage of your Healthcare Records allows you and your authorized health care providers to view your Healthcare Records.

    Premise Health does not guarantee that: (a) any information, during its transmission, will be protected against loss, misuse or alteration by third parties; or (b) access to your account and any information or data you submit to Premise Health will be uninterrupted; or (c) any encryption technology used by Premise Health will not be breached.

    You must maintain a separate copy of your Healthcare Records. Premise Health will not be responsible for returning any of your Healthcare Records or for any loss, destruction or corruption of your Healthcare Records. You are solely responsible for the accuracy and integrity of any data, reports and health information you submit to Premise Health for storage. Premise Health does not assume any responsibility or liability for any information submitted to Premise Health or the use or misuse, by you or any third party, of any information transmitted or received using the Site or any other site provided by Premise Health for the storage and transmission of your Healthcare Records. Premise Health will have no responsibility for the quality of X-rays or other medical images archived on the Site or for medical decisions which are based on your Healthcare Records.

    You hereby grant Premise Health and all other persons or entities involved in the operation of the Site a perpetual, irrevocable, non-exclusive, sublicenseable, worldwide, royalty-free license to access, transmit, monitor, retrieve, store, use, display, reproduce, modify, prepare derivative works of, perform, publish, post and distribute your Healthcare Records and all other information you submit to the Site, in connection with the operation of the Site; provided that Premise Health will comply with Premise Health's Privacy Policy.

    Provided that your right to use the Site has not been terminated, you may request that your Healthcare Records be downloaded to a CD-ROM or other digital storage device, for delivery to you or any other person you direct for a fee.

    Following termination of your right to use the Site, Premise Health may destroy your Healthcare Records or may maintain an archival copy of your Healthcare Records. Premise Health will not be obligated to retain, maintain, deliver or allow access to your Healthcare Records following the termination of your right to use the Site.

    Privacy Practices

    Any personal information you submit to the Site is governed by Premise Health's Privacy Policy which is available here. Premise Health's Privacy Policy

    Disclaimers

    THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

    PREMISE HEALTH DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, AND Premise Health DISCLAIMS ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    PREMISE HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE.

    PREMISE HEALTH MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Premise Health DOES NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA.

    USERS OF THE SITE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA.

    Healthwise Content - Disclaimer

    HEALTHWISE DOES NOT GIVE MEDICAL ADVICE. Healthwise content is based on current medical literature and physician review. Healthwise content is intended to help people make better health care decisions and take greater responsibility for their own health. However, use of Healthwise content is not intended to replace the advice of a doctor. Healthwise products have been developed and are intended for use by consumers in the United States.

    HEALTHWISE AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR THE RESULTS OF THE USE OF THE HEALTHWISE CONTENT, INCLUDING, BUT NOT LIMITED TO, USERS' CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR USERS' CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE HEALTHWISE CONTENT.

    HEALTHWISE CONTENT IS PROVIDED ON AN "AS-IS" BASIS AND HEALTHWISE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HEALTHWISE OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA, SUBSTITUTE SERVICES, LOSS OF PROFIT, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY.

    FDB Content - Disclaimer

    The drug information contained on this site is not exhaustive and is not intended to cover all possible uses, precautions, interactions or adverse effects, nor should it be construed to indicate that use of a particular drug is safe, appropriate or effective for you or anyone else. The drug information contained on this site is provided for general information purposes only and is not intended as individual medical advice and is not a substitute for the expertise and judgment of healthcare professionals. A healthcare professional should be consulted before taking any drug or commencing or discontinuing any course of treatment. To the fullest extent permitted by law, we (and our content providers) shall not have any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of this drug information. The display and use of this drug information is subject to First DataBank End-User Terms of Use (click here). By clicking "I AGREE" below or using the Site, you acknowledge your review and acceptance of such Terms of Use and this notice.

    Limitation of Liability

    PREMISE HEALTH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PREMISE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, ARISING OUT OF OR RELATING IN ANY WAY: (I) TO THE SITE OR ANY THIRD PARTY WEBSITE OR CONTENT; (II) THE INABILITY TO USE THE SITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR HEALTH RECORD, TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (VI) ANY OTHER MATTER RELATING TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THIRD PARTY WEBSITES IS TO STOP USING SUCH WEBSITES AND/OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PREMISE HEALTH EXCEED $100.
    PREMISE HEALTH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY WEBSITE.

    PREMISE HEALTH IS NOT LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY DECISION MADE OR ACTION OR OMISSION BASED ON INFORMATION CONTAINED ON THE SITE OR ON ANY THIRD PARTY WEBSITE.

    PREMISE HEALTH IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO YOUR FAILURE TO COMPLY WITH THE TERMS OF USE.

    THE FOREGOING LIMITATIONS APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

    APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ABOVE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Indemnity

    You will defend, indemnify, and hold harmless Premise Health and their officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or related to, or alleged to arise out of or relate to, your violation of the Terms of Use, your User Submissions or your use of the Site.

    Intellectual Property Rights

    The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Premise Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as provided in the first paragraph of the "Your Account" section of the Terms of Use.

    You must not:

  • Modify copies of any materials from the Site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
  • You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

    No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Premise Health. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

    Trademarks

    Our name and logo, and all related names, logos, product and service names, designs and slogans, are trademarks of Premise Health or its licensors. You must not use such marks without the prior written permission of Premise Health. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

    Compliance with Law

    You will comply with all foreign, federal, state and local law applicable to your use of the Site.

    Governing Law and Venue

    The Terms of Use are entered into in the State of Tennessee and will be governed by and construed in accordance with the laws of the State of Tennessee, exclusive of its choice of law rules. Each party to the Terms of Use submits to the exclusive jurisdiction of the state and federal courts in Davidson County, Tennessee, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Premise Health's remedies are cumulative. In any action to enforce the Terms of Use, the prevailing party will be entitled to recover its costs and attorney's fees from the other party.

    Release

    Because Premise Health does not render medical advice or services, if you have a dispute with any individual and/or entity that arises out of or relates to your use of the Site, you hereby release Premise Health (and their officers, directors, agents and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

    Assignment

    The Terms of Use may be assigned or transferred by Premise Health, including by assignment, operation of law or change of control. You may not assign or transfer or delegate your rights or duties under the Terms of Use. Your Premise Health account is non-transferable.
    Waiver and Severability of Terms

    The failure of Premise Health to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

    Term and Termination

    The Terms of Use commence upon the first date you access or use the Site or complete the registration process. Either you or Premise Health may terminate your right to use the Site at any time, with or without cause. Your right to use the Site will terminate without notice in the event you (or any authorized person using your account) fail to comply with the Terms of Use. Upon any termination, you will destroy all copies of any Premise Health material in your possession and cease all access to and use of the Site.

    Each provision of the Terms of Use survives any termination of your right to use the Site; provided that for clarity the terms of the first paragraph of the "Your Account" section of the Terms of Use will terminate and be of no force or effect upon termination of your right to use the Site.

    Complete Agreement

    The Terms of Use constitutes the entire agreement between you and Premise Health relating to the Site. The Terms of Use may not be modified, in whole or in part, except as described elsewhere in the Terms of Use. Anything contained on the Site inconsistent with or conflicting with the terms of the Terms of Use is superseded by the Terms of Use.

    Electronic Communications

    You consent to receive communications from Premise Health electronically. Premise Health may communicate with you by e-mail or by posting notices on the Site, and you agree that all agreements, notices, disclosures and other communications that Premise Health provides you electronically satisfy any legal requirements that such communications be in writing.

    You and PREMISE HEALTH

    Your relationship to Premise Health is one of an independent contractor and/or customer. You are not an employee, agent or partner of PREMISE HEALTH, and have no authority to bind Premise Health.

    Contact Information

    PREMISE HEALTH hopes you find the Site helpful and convenient to use. Questions or comments regarding the Site should be directed by electronic mail to privacy@premisehealth.com.

    Premise Health
    Attn: Privacy Officer
    5500 Maryland Way, Suite 200
    Brentwood, TN 37027