Terms of Service

Welcome to Healthcasts, the peer-powered clinical collaboration platform (the "Platform"). These Terms of Service ("Terms") constitute a legally binding contract between you and Healthcasts ("Healthcasts," "we," "our," or "us") regarding your use of the Platform.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of the Platform.

We reserve the right to amend these Terms from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. Your continued use of the Platform constitutes acceptance of these Terms.

IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE PLATFORM.

Section 01Platform Overview

The Platform is a peer-to-peer clinical collaboration tool that enables eligible healthcare practitioners to share clinical scenarios, real world experience, and insights that all contribute to a collective knowledge base.

The Platform is strictly for educational purposes and is not intended to serve as a substitute for professional judgment, including the diagnosis, treatment, or management of patients. Healthcasts does not engage in the practice of medicine or provide any healthcare or diagnostic services. All content provided on the Platform, including User Content, is for informational and educational purposes only and should not be relied upon in any way for medical decision-making.

Section 02Eligibility and Registration

The Platform is exclusively for U.S. licensed healthcare practitioners with a valid NPI number, such as physicians, nurses, pharmacists, or other qualified medical practitioners.

To use the Platform, users must complete the registration process, which includes:

• Accurate Information: Providing accurate, current, and complete information during registration, including but not limited to the user's full name, professional credentials, contact information, and any other details requested by Healthcasts.
• Verification: Healthcasts may, at its discretion, request additional documentation to confirm a user's professional status including but not limited to proof of professional licensure or other credentials.
• Acceptance of Terms: Agreeing to these Terms, the Healthcasts Privacy Policy, and any additional policies or guidelines provided by the Platform.

At its sole discretion, Healthcasts may refuse registration or suspend or terminate accounts for reasons including, but not limited to, failure to meet eligibility criteria, providing false or incomplete information, or violating these Terms.

Section 03User Account

You are responsible for maintaining the strict confidentiality of your account password and for any activity occurring under your account. You agree to immediately notify Healthcasts of any unauthorized use of your password or account or any other breach of security. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. You may not use another's account without permission. An account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user. Healthcasts is not responsible or liable for any loss or damage arising from your failure to comply with this provision.

At any time, you may terminate your account by contacting Healthcasts at memberservices@healthcasts.com. If you stop using the Platform without terminating your account, your account may be deactivated due to prolonged inactivity. Any User Content you post in Public Forums will remain available on the Platform even after your account is deactivated or terminated.

Section 04User Content

The Platform may contain interactive services, including, but not limited to, discussion groups, chat rooms, blogs and other social networking features (collectively, "Public Forums"), which may allow you to post, transmit or submit information, including, but not limited to, writings, images, illustrations, audio recording and video recordings ("User Content").

Any User Content will be deemed not to be confidential or secret. You understand that personal and other information that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. We shall not be liable for the use or misuse of any User Content, including personal information, that you post on our Public Forums.

You hereby grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content (in whole or part) and to incorporate it in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose. This license is fully transferable, assignable, and sub-licensable.

We are not responsible for maintaining your User Content and we may delete or destroy it at any time. We may, but are not obligated to, monitor User Content posted in Public Forums or exercise editorial control over such content. The views expressed in Public Forums are those of the individual users. We are not responsible for, and disclaim all liability arising from, any statements, advice, opinions, or other content made available in Public Forums. By using Public Forums, you release us from any and all claims, demands, or liabilities of any kind, known or unknown, arising out of or relating to disputes with other users of the Platform.

ANY USER CONTENT, INFORMATION, AND MATERIALS POSTED IN PUBLIC FORUMS ARE NOT ENDORSED BY US. YOU MAY ENCOUNTER MATERIAL THAT IS INACCURATE, MISLEADING, FRAUDULENT, OR THAT YOU FIND OFFENSIVE OR OBJECTIONABLE. YOU ARE RESPONSIBLE FOR EVALUATING AND VERIFYING THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS. YOUR PARTICIPATION IN PUBLIC FORUMS IS SOLELY AT YOUR OWN RISK.

Section 05Prohibition on Protected Health Information and Identifying Information

The Platform is not intended to be used for the submission of protected health information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Healthcasts is not a HIPAA-covered entity or business associate. You are expressly prohibited from submitting, uploading, or transmitting any PHI, or any other information that identifies or could reasonably be used to identify another individual. This includes, but is not limited to, individually identifiable information about an individual's medical conditions, diagnoses, treatments, or payment for healthcare services. Any PHI or other identifying information you submit is in direct violation of these Terms, and you do so at your own risk. We disclaim all liability for the security and privacy of any PHI you submit to the Platform.

Section 06Restrictions on Use of the Platform

You are strictly prohibited, whether directly or indirectly, from engaging in any of the following activities on the Platform:

• Using the Platform in any manner that violates applicable laws, regulations, or professional ethical standards, including but not limited to HIPAA, data privacy laws, intellectual property laws, or export control laws.
• Attempting to gain unauthorized access to the Platform, user accounts, or connected systems;
• Attempting to manipulate, exploit, or attack the Platform's AI features, including, prompt injections or any activity intended to subvert or compromise the intended operation of the Platform's AI systems.
• Interfering with, disrupting, or creating an undue burden on the Platform or its infrastructure;
• Introducing viruses, malware, or other harmful code;
• Engaging in hacking, data mining, phishing, scraping, spidering, crawlers, or any other automated means to collect, copy, aggregate or index data without express written consent.
• Impersonating any person or entity, misrepresenting affiliations, or providing false, misleading, or fraudulent information during registration or use of the Platform.
• Infringing, misappropriating, or violating the intellectual property rights, privacy rights, publicity rights, or other proprietary rights of Healthcasts or any third party.
• Engaging in conduct that is harassing, threatening, abusive, defamatory, obscene, discriminatory (based on race, gender, religion, nationality, disability, sexual orientation, age, or other protected characteristics), or otherwise objectionable; or that promotes illegal activities, violence, or harm to individuals or groups.
• Decompiling, reverse engineering, disassembling, modifying, or creating derivative works from the Platform, its software, or any content therein; or removing any copyright, trademark, or proprietary notices.
• Copying, reproducing, distributing, publicly displaying, or transmitting Platform content without permission; framing, mirroring, or deep-linking to the Platform except as expressly allowed; or exporting content in violation of applicable laws.
• Using scripts, bots, or other automated means to access or interact with the Platform, or scrape any Platform content.
• Any other use that, in Healthcasts' sole discretion, is inconsistent with the Platform's intended purpose or could harm Healthcasts, its users, or third parties.

Any User Content submitted on the Platform must not:

• Contain PHI or any information that identifies or could reasonably be used to identify another individual.
• Be created or generated using artificial intelligence (AI) tools, including but not limited to generative AI models, chatbots, or automated content generators.
• Be unlawful, fraudulent, false, deceptive, or misleading.
• Infringe on contractual, fiduciary, or legal obligations, including those related to patient confidentiality or professional ethics.
• Promote or contain unauthorized advertisements, endorsements, or solicitations.
• Include viruses, Trojan horses, worms, or other malicious material.
• Be obscene, pornographic, libelous, slanderous, or otherwise offensive.

The restrictions and prohibitions in this Section are examples only and are not intended to be exhaustive.

Healthcasts reserves the right in its sole discretion to take any action, including removal of any User Content, or restrict, suspend or terminate your access to or use of the Platform without notice at any time, if we determine that such User Content, or your acts or omissions, violate these Terms, threatens the personal safety or welfare of others, or could result in liability or harm to Healthcasts. Healthcasts will have no liability for any such removal, restriction, suspension or termination and without prejudice to any rights that we may have against you in respect of your breach of these Terms.

Violation of these Terms constitutes a material breach of contract and may also constitute intellectual property infringement, violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), violation of state computer crime laws, misappropriation of trade secrets, and other state and federal laws. Healthcasts reserves the right to pursue all available legal and equitable remedies, including but not limited to injunctive relief, damages, and reporting violations to law enforcement or regulatory authorities.

Section 07Linked Content

You acknowledge and agree that we have no responsibility for the content ("Linked Content") hosted by unaffiliated websites to which you or we may link from the Platform or otherwise display on the Platform. We do not endorse or accept responsibility for the content or use of third-party websites, and we will not be liable for any damages arising from your use of or reliance on such content, data, or results. Your use of unaffiliated websites is at your own risk. Links do not imply that the Company is affiliated or associated with any linked site.

Section 08Intellectual Property

All right, title, and interest, including all intellectual property rights, in the Platform, including the content, features, functionality, software, models, documentation, and trademarks, are owned or licensed by Healthcasts. Subject to your compliance with these Terms, Healthcasts grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform solely for personal, non-commercial purposes, only for as long as that portion of the Platform is made available to you by us, and only in accordance with these Terms, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any portion of the Platform, including in connection with any development, modification, prompting, fine-tuning, training, testing, benchmarking or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product or other technology.

The Platform contains valuable trade secrets, including algorithms, data structures, and business methods. You acknowledge that unauthorized access to or disclosure of these trade secrets would cause Healthcasts irreparable harm.

Section 09Privacy

In the course of your use of the Platform, you may be asked to provide personal information to us. Our information collection and use policies with respect to such personal information are set forth in our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully.

Section 10Disclaimers

THE PLATFORM IS PROVIDED "AS IS," AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR AFFILIATES AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE PLATFORM, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE PLATFORM WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

The Platform may utilize artificial intelligence (AI) tools to provide enhanced functionality, such as generating content, providing search capabilities, or facilitating user interactions. Although these AI tools aim to provide accurate and helpful information, they may produce errors, inaccuracies, or "hallucinations" (i.e., outputs that are factually incorrect, misleading, or fabricated). You acknowledge that AI-generated content is provided "as is" and should be independently verified before being relied upon for any purpose. Healthcasts is not liable for any errors, omissions, or damages arising from the use of or reliance on AI-generated content.

Section 11Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE PLATFORM, OR OTHER SITES ACCESSED FROM THE PLATFORM, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS, INCLUDING OUR PRIVACY POLICY, OR USE OF THE PLATFORM EXCEED $100.00 (US) IN THE AGGREGATE.

Section 12Indemnity

You agree to indemnify and hold harmless Healthcasts, its affiliates, and its and their officers, directors, agents, employees and representatives, from and against any losses, damages, or costs arising from your use of the Platform, any of its services or any information accessible over or through the Platform, including your submission or transmission of information or material on or through the Platform or your violation of these Terms or any laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

Section 13Copyright And IP Agent for the United States

We respect the intellectual property rights of others and require that the people who use the Platform do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of the alleged infringing activity and where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Section 14Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles, except as modified by the Arbitration Agreement below for arbitrations administered by JAMS.

Section 15Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS

You and Healthcasts agree that any dispute, claim, or controversy arising out of or relating to these Terms, our Privacy Policy, or your use of the Platform (collectively, "Disputes"), shall be resolved in accordance with this Section 15 ("Arbitration Agreement"). This Arbitration Agreement is governed by the Federal Arbitration Act.

Notwithstanding the agreement to arbitrate, either party may seek relief in a small claims court for Disputes or claims within the scope of that court's jurisdiction.

YOU AND HEALTHCASTS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, you and Healthcasts agree to resolve any Disputes through binding arbitration as provided in this section, except as specified in the small claims exception above. YOU AND HEALTHCASTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Healthcasts otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

Before initiating arbitration, you agree to first contact Healthcasts and attempt to resolve the Dispute informally. To initiate this dispute resolution process, you must send a written notice describing (i) your name, address, and email address; (ii) the nature and basis of your claim or dispute; and (iii) the specific relief you are seeking, to: Healthcasts, 2875 S Ocean Blvd, Suite 200-08, Palm Beach, FL 33480 or via email to memberservices@healthcasts.com. If Healthcasts and you do not reach an agreement to resolve the claim within sixty (60) days after such notice is received, you or Healthcasts may commence an arbitration proceeding.

The arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures and the JAMS Consumer Minimum Standards of Procedural Fairness (collectively, the "JAMS Rules") in effect at the time the arbitration is initiated, except as modified by this Arbitration Agreement. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator.

For all Disputes that you initiate, your responsibility for payment of the arbitration fees will be limited to $250, and Healthcasts will pay all other administrative and arbitrator fees directly to JAMS. If Healthcasts initiates an arbitration against you, Healthcasts will pay all administrative and arbitrator fees directly to JAMS. In addition, Healthcasts will consider in good faith any request by you for Healthcasts to bear the cost of your arbitration filing fee and will do so if you demonstrate financial hardship.

The arbitration will be conducted at a location reasonably convenient to you to ensure your access to the arbitration is not unduly burdensome. The parties may mutually agree to conduct the arbitration hearing virtually or through online platforms using videoconferencing technology. If no agreement is reached on location, JAMS will determine the location, considering fairness and convenience to all parties. The selection of the arbitration location or virtual forum will not preclude you from using legal counsel.

The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award and will be final and binding on the parties, subject to any limited right of appeal under the Federal Arbitration Act.

The arbitrator shall have the exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, or enforceability of this Arbitration Agreement. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge would have.

To the extent permitted by the JAMS Rules, each party shall have the right to take the deposition of one individual and any expert witness designated by another party. Additional depositions may be scheduled only with the permission of the arbitrator, and for good cause shown. Each party shall have the ability to obtain discovery of relevant, non-privileged information as provided in the JAMS Rules. The arbitrator is authorized to resolve any disputes concerning discovery.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This provision does not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be severed, and the remainder of this Arbitration Agreement shall be given full force and effect. However, if the provision precluding class, representative, or private attorney general claims is found to be invalid or unenforceable, then this entire Arbitration Agreement shall be null and void, and neither you nor Healthcasts shall be entitled to arbitrate their dispute.

You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to Healthcasts, 2875 S Ocean Blvd, Suite 200-08, Palm Beach, FL 33480 or memberservices@healthcasts.com within thirty (30) days after first accepting these Terms. Your notice must include your name, address, email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you.

Notwithstanding any provision in these Terms to the contrary, Healthcasts agrees that if it makes any future change to this Arbitration Agreement (other than a change to the notice address) while you are a user of the Platform, you may reject any such change by sending Healthcasts written notice within thirty (30) days of the change to memberservices@healthcasts.com. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

If (i) you opt out of this Arbitration Agreement, (ii) a court finds that the Arbitration Agreement is unenforceable, or (iii) the dispute falls within the scope of the small claims court exception, then you and Healthcasts agree that any judicial proceeding will be brought in the federal or state courts of Florida. Both you and Healthcasts consent to venue and personal jurisdiction there.

This Arbitration Agreement will survive the termination of your relationship with Healthcasts.

Section 16Contact

For any questions regarding these Terms or any questions relating to the Platform or technical support, please send an email to memberservices@healthcasts.com.

Section 17Entire Agreement

These Terms, including our Privacy Policy, constitute the entire agreement between you and Healthcasts in relation to the Platform and supersede any and all prior promises, representations, agreements, statements and understandings whatsoever between us. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. If any provision of the Terms is found to be unenforceable or invalid, the parties nevertheless 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 shall remain in full force and effect. We may assign or otherwise transfer our rights and obligations in these Terms to a third party without notice.