Welcome to healthshire.com, a website owned and operated by HealthShire LLC, a Limited Liability Company doing business in the State of New Mexico. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “HealthShire,” “healthshire.com,” “HealthShire LLC,“ “us,” “we,” and “our,” refer to us, HealthShire LLC, or our website, healthshire.com, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“HealthShire” refers to the business which owns this website (HealthShire LLC), our Site, or our Service, depending on the context of the usage;
“Professional” means a medical or other professional who is eligible to use our Service to advertise their services;
“Reader” means a person who uses our Service to search for Professionals with whom they may be interested in contacting;
“Service” refers to the services that we provide through our Site, including but not limited to our Professional-listing services and the Site itself;
“Site” refers to our website, healthshire.com;
“User” refers to you, Professionals, Readers, and any other person who uses our Service, or visits our Site;
“You” refers to you, the person who is entering into this Agreement with HealthShire LLC.
3. Description of Service
HealthShire is a mental health resource Service which includes a directory of Providers and a knowledge database, including a forum and a Questions & Answers section.
We use publicly available licensing records and other materials to compile a database of Providers, and Providers can claim these listings or, if they are not currently listed, register a new account.
4. Information Supplied
When using our website, you may be required to provide all or some of your name, e-mail address, mailing address, date of birth, telephone number, gender, fax number, website URL, social media profiles, educational background, processional licensing information, as well as and other information.
If you purchase a premium account from us, we will also require credit card or possibly other payment information. We may choose to process your payment directly, or we may pass some or all of the information you provide to us, including your credit card information, to a third party payment processor for processing.
In addition to providing us with the above information about yourself, when signing up for our Service, you must be at least the minimum age of contractual capacity in the State of New Mexico, which is eighteen years old.
If you live somewhere other than the State of New Mexico, you must be at least the minimum age of contractual capacity where you live, but, if that age is lower than eighteen, you must still be at least eighteen to use our Service.
The quality of Professionals’ services listed through our Service is not attested to by Heatlhshire to Readers or any other Users. As such, you release us from any liability for injury, financial loss, or any other harm which may arise from the provision of such services, and you agree not to name us as a party in a lawsuit relating to such a transaction or the goods or services delivered in relation to them.
6. HIPAA Compliance Statement
HealthShire complies fully with the “Privacy Rule” established by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Please be advised that only Professionals can register an account at our Site, meaning Readers, who may be patients, do not sign up with HealthShire and do not provide any Personal Health Information to us. We also do not process payments for Providers from their patients or otherwise engage in any recordkeeping or information exchanges regarding Providers’ patients. As such, none of our activities fall under the control of HIPAA.
If you are a Provider, you must not post any information about patients, or any other information, that would be in violation of HIPAA or any other applicable legislation. This includes, but is not limited to, posting identifying information about past patients on our Site, even if it is only to say that they are one of your patients without further specifying what services you provided to them, and even if it is done with their consent. This rule is required because although a patient may consent to your listing them as a reference on our Site, it requires additional compliance on our part with HIPAA.
If a User sees information posted that may be in violation of HIPAA or any other applicable legislation, they must contact us immediately with full details at firstname.lastname@example.org.
7. Rules of Conduct
We require that Providers using our Service agree to certain rules, since their profiles are public and may reflect on HealthShire’s reputation. When using our Service, you agree that you will not:
- Violate any provision of law applicable in the State of New Mexico or anywhere else in the United States.
- Violate any applicable legislation, treaty, or other rule in force of the United States or any other political entity having jurisdiction over this Agreement, You, New Mexico, or the Services or Site that we provide.
- Post any information that is regulated under the Health Insurance Portability and Accountability Act of 1996 or any other legislation.
- Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Site, Service, or Users.
- Run any bots or other software to aggregate or browse our content.
- Infringe on anyone’s intellectual property rights.
- Defame anyone.
- Post anything violent, pornographic, hateful, racist, or otherwise objectionable. What is objectionable shall be the right of New Mexico to determine.
- Use our Service for fraud.
- Claim another Provider’s profile without their permission, or otherwise impersonate another person.
- Hold yourself out as able to engage in activities which you are not permitted to engage in (such as practicing outside of the scope of your license).
- Post any spam or other unauthorized commercial advertisements. We will determine what constitutes spam.
- Otherwise act in a manner which, at HealthShire’s sole discretion, is objectionable.
If you upgrade to our premium account service, we may use a third party payment processor to process payments. If we do, you agree that we are not responsible for any failure of such processors to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with the processor before we will provide our services to you.
You agree that you will be liable for any chargebacks conducted by you, whether such chargebacks would otherwise be permitted if not for this Agreement. This is because such chargebacks violate the “Forum of Dispute” provisions of this Agreement. Any disputes against HealthShire must be brought according to this Agreement only.
Any use of obviously fraudulent chargebacks will be reported to the infringing User’s local police department and a credit bureau, as well as referred to the User’s or Users’ local small claims court(s).
The rates for premium accounts and any other paid services shall be posted publicly on healthshire.com. Where two or more payment terms are inconsistent, the term or terms most preferable to HealthShire LLC shall apply.
HealthShire is only used to list Providers and is not responsible for maintaining financial records on behalf of Providers, including receipts showing your transaction as proof that you made a business expense. HealthShire does not act as a representative, advisor, or accountant for any User in any way. As we are not responsible for maintaining records to prove your business expesnes, we recommend that you print and preserve a copy of the receipt that you are provided at the time or making a purchase from us, and/or preserve copies of credit card records or bank statements which also establish such purchases.
If a Reader contacts a Provider to obtain the Provider’s services over the Internet between two different jurisdictions, both jurisdictions, one of the jurisdictions, or neither of the jurisdictions may exercise the right to collect taxes for those services. As a User, you are solely responsible for maintaining your financial records and reporting your income to the Internal Revenue Service and state revenue agencies. You must ensure that you comply with all applicable tax legislation (as well as any other legislation), which may include the payment of sales or use taxes to state revenue agencies.
In some instances involving two jurisdictions, even if a Provider is not required to remit state sales tax information, a patient of that Provider may be required to report the information to their state’s revenue collection agency to pay a “use tax” or some similar tax. Users, regardless of whether they are Providers or Readers, must comply with all tax legislation.
All Providers are required to be licensed to provide the services they list on HealthShire, though HealthShire does not actively police listings for such compliance. If you wish to determine whether a Provider of mental health services is licensed in a state, contact the appropriate regulatory agency in the state in which the Provider claims to be licensed.
In New Mexico, psychiatrists and other medical doctors are regulated by the New Mexico Medical Board (http://www.nmmb.state.nm.us/), while psychologists are regulated by the New Mexico Regulation and Licensing Department (http://www.rld.state.nm.us/boards/Psychologist_Examiners_Rules_and_Laws.aspx). If you believe that someone is providing regulated services unlawfully, contact the analogous agency in your state or your local police department for more information as to how to report them.
11. General Medical Information
Providers may be permitted to post things on a public HealthShire forum, and a Questions & Answers section may be provided by HealthShire for Users. These services, as well as any other medical information provided on our Site, are provided without any representations as to the accuracy of the information contained therein, and should not be used for making a diagnosis or for other medical purposes. They should be used for informational purposes only.
Additionally, no User may upload any information to HealthShire that would require regulatory compliance under HIPAA or any other applicable law, such as patient information.
Any advertising, premium accounts, or other promotional services purchased from HealthShire cannot be refunded due to the fact that the benefits of such services cannot be retracted once used. This is subject only to HealthShire’s inability, due to its own fault, to deliver such services, in which case we will refund undelivered services on a pro rata basis.
13.1 Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, aggregating our content, rewriting it and/or reposting it elsewhere. This applies even to information that might otherwise be in the public domain, such as information about licensed health care providers extracted from publicly available databases, since the use of our Service for this purpose can have a negative impact on our network capacity.
13.2 Your Copyright
We base much of our Service on User-uploaded content. As such, you agree to grant us a universal, perpetual, irrevocable, commercial and non-commercial, sublicensable right to use any content which you upload to us. You also warrant to us that you have the right to grant such a right to us when uploading content, and that you will indemnify us for any loss as a result of a breach of this warranty.
“HealthShire” is a trademark used by us, HealthShire LLC, to uniquely identify our Site and our Service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
15. Revocation of Consent
Where HealthShire LLC has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use. We therefore recommend that, if granted such permission, you do not use our intellectual property in any manner that would result in a loss if we exercised our right to revoke consent to use that intellectual property.
16. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: healthshire.com Copyright Agent
7850 Jefferson ST NE Suite 300
Albuquerque, New Mexico 87109
If sending the notification by e-mail, an electronic signature is acceptable.
Additionally, although no similar procedure exists under American law for trademark infringement, we recommend following a similar procedure as that described above to notify us of alleged trademark infringement, so that we can take prompt action to correct the infringement.
17. Communications Decency Act
Our Rules of Conduct prohibit Users from using our Site or Service to post defamatory content. If you become aware of a defamatory posting, please contact us at email@example.com with full details and, if we decide that your complaint is well-founded and that wish to do so, we may decide to remove it.
However, please be aware that Section 230 of the Communications Decency Act grants us an absolute shield of immunity for any defamatory material published to our Site by our Users. Therefore, should we fail to take action over any alleged defamation by a third party, you should not attempt to sue us for it or we may seek to have the lawsuit dismissed and, if applicable, recover all of our attorneys’ fees and other legal costs from you.
Additionally, the SPEECH Act 2010 prohibits United States courts from enforcing judgments from other countries which would not be obtainable here. Therefore, you should not attempt to sue us for third party defamation in a foreign jurisdiction to circumvent the Communications Decency Act, as we will object to its domestication in the United States and, if possible, seek an order requiring you to reimburse us for our legal costs in doing so.
18. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR OR OUR PROVIDERS’ GOODS OR SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE MAKE NO STATEMENTS AS TO THE SUITABILITY OR RELIABILITY OF ANY SERVICES PROVIDED BY PROFESSIONALS OR OTHERS THROUGH OUR SITE. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSSES CAUSED BY THE PURCHASE OF GOODS OR SERVICES AS A RESULT OF THE USE OF OUR SERVICE, WHETHER FROM US, FROM PROVIDERS, OR FROM THIRD PARTY ADVERTISERS USING OUR SITE. THIS INCLUDES ANY FAILURE OR DAMAGE CAUSED BY GOODS OR SERVICES, INCLUDING INJURY TO PERSONS OR PROPERTY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or the products or services ordered from it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
20. Choice of Law
This Agreement shall be governed by the laws in force in the State of New Mexico. The offer and acceptance of this contract is deemed to have occurred in the State of New Mexico.
21. Forum of Dispute
In order to limit the costs and complexity of legal proceedings against HealthShire LLC, you agree that any dispute naming HealthShire LLC or a party acting for or on behalf of HealthShire LLC arising from or relating to this Agreement will be heard solely by the a Magistrate Court in the State of New Mexico. You agree that even if you may be entitled to a monetary, equitable, or other remedy exceeding the jurisdiction of the Magistrate Court, you will waive your right to that remedy and still bring your action within the Magistrate Court. At the time of writing this Agreement, the Magistrate Court has monetary jurisdiction of up to $10,000 (NM Stat § 35-3-3(A)), meaning that even if you would otherwise have the right to recover more than $10,000 in damages from us in a case, you agree that you will only sue for up to $10,000.
If the subject matter of a dispute includes multiple claims, at least one of which is eligible to be heard in the Magistrate Court, you will release us from liability for the ineligible subject matter and will instead proceed with the eligible subject matter within the Magistrate Court. At the time of writing this Agreement, the Magistrate Court has subject matter jurisdiction over actions in contract, quasi-contract, and tort, but does not have subject matter jurisdiction for various actions including malicious prosecution, libel, or slander; the granting of injunction, habeas corpus or extraordinary writs; and various other actions (NM Stat § 35-3-3(C)).
If, after the application of these Forum of Dispute provisions, your claim is still ineligible to be heard in the Magistrate Court, you agree that the dispute shall be heard in the next most summary manner available in a court of competent jurisdiction located within the State of New Mexico.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that in a case brought within the Magistrate Court, the awarding of costs, attorneys’ fees, and other expenses shall be governed by the rules of the Magistrate Court.
You agree that in a case brought outside of the Magistrate Court, the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
22. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, HealthShire shall have the sole right to elect which provision remains in force.
In the event of a breach of this Agreement by you, or other actionable conduct, we may not take action against you, either knowingly or unknowingly. Such a failure to act on our part against you, or anybody else, for actionable conduct, should not be considered a waiver of our rights under this Agreement or under any applicable laws.
25. Termination & Cancellation
We may terminate your account or our provision of services to you, without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid to us, except in cases where the termination or cancellation was due to your breach of this Agreement or for cause. Any undelivered advertising or other services which have been partially performed by HealthShire LLC shall be delivered on a pro rata basis.
Termination for cause includes any activity which may be unlawful and/or harm HealthShire, its Users, or any other person, and includes but is not limited to the engagement or attempted engagement in fraud, hacking, violence, breach of contract with HealthShire or another User, money laundering, tax evasion, other unlawful activity, or any other activity which can cause harm to the HealthShire Site or Service or violates our Rules of Conduct.
For services which have no time limit, such as advertising or account upgrade services with no expiration date on our provision of the service, you agree that we are not liable in any way whatsoever for refunding payments once our Service is at least partially provided to you, as we cannot take on the burden of guaranteeing that our Site will be online, or our business will exist, for an infinite amount of time.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the new version on our Site. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service and inform us of your refusal by e-mailing firstname.lastname@example.org with details. You must visit this page each time you come to our website and read and agree to it.
28. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about healthshire.com must be addressed to our agent for notice and sent via certified mail to: Julian Sutter, 7850 Jefferson ST NE Suite 300, Albuquerque, New Mexico, 87109, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: August 8, 2012