Health Union: Terms of Use

Last Updated August 6, 2026 and Effective September 5, 2026

IMPORTANT DISCLAIMER: HEALTH-UNION.COM AND ITS SITES AND SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT PROVIDE MEDICAL, LEGAL, OR PROFESSIONAL ADVICE. The information on the Services does not replace the advice of a doctor or a qualified healthcare provider. If you have an emergency, visit the closest emergency room, call 911, or call your local emergency number immediately. Reliance on any content provided by Health-Union.com or any comments made by Users of the Services is at your own risk.

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE APPLICABLE LAW AND DISPUTE RESOLUTION SECTION CAREFULLY. BY AGREEING TO THESE TERMS, YOU AGREE THAT DISPUTES WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR JURY TRIALS, EXCEPT AS OTHERWISE PROVIDED BELOW.

Introduction & Agreement to Terms

These Terms of Use (“Terms”) are a binding legal agreement between you and Health Union, LLC, a Delaware limited liability company, its successors and assigns. Health Union (or “we,” “us,” or “our”) means Health Union, LLC, and all parents, subsidiaries, intermediaries and affiliates, and all the officers, directors, Editorial Board, Health Leader Council, Health Advisory Board, members, board physicians, shareholders, employees, and agents.

These Terms govern your use or access of Health-Union.com and our Services. Our Services, for the purposes of these Terms, include any Health Union-owned and operated websites and mobile applications (“Sites”), products, advertising and marketing, data services, events, awards programs, and digital content creation (collectively, the “Services”).

Our Supplemental Terms and Privacy Notice are incorporated herein by reference. If you do not comply with or agree to these Terms, you may not use, access, view, or benefit from any information or Sites or Services.

If you agree to this agreement on behalf of a legal entity: (i) you represent and warrant that you have the authority to bind that entity and any representatives it allows to access or use the Services to this agreement; (ii) such entity is responsible for any breach of this agreement by any of its representatives; and (iii) “you” and “your” as used will refer and apply to that entity.

These Terms will take effect the moment you access or use the Services and are effective until terminated as set forth below. By accessing or using our Services, you agree to comply with and be legally bound by these Terms.

Amendment of Terms.

Health Union may amend these Terms from time to time. If we make a material change, we will post the updated Terms on the Site, update the effective date, and, where reasonably practicable, provide additional notice (such as by email or an on-site notice). Changes will apply prospectively from the effective date of the updated Terms. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes, except as otherwise provided in the Applicable Law and Dispute Resolution section or as required by applicable law. No other modification, amendment, supplement of or to the Terms will be binding on Health Union unless it is in writing and signed by an authorized representative of Health Union.

Key Terms.

Unless otherwise defined, terms will have the following meanings:

“User” or “Consumer” Means you or any person who accesses or uses the Services. References to “access” and/or “use” of the Services (and any variations) include the acts of accessing or browsing the Services.

“User Content” Refers to any posts, comments, stories, images, videos, survey responses, or other material submitted to or posted by a User to the Services or created by digital creators, including a username.

“Your Content” Refers to User Content that you provide or make available to Health Union on the Sites or through our Services. Content posted in public areas of our Sites is publicly viewable.

“Services Content” Refers to all copyright, designs, the “look and feel” of the Services, trademarks, and all other intellectual property rights including software and all HTML and other code contained in or run by the Services and all information such as data files, graphics, text, photographs, drawings, logos, rich media, images, sounds, music, video, or audio files on the Services.

“Sponsored Content” Means the content, advertisements, information, and other materials of any Health Union sponsor (“Sponsor”) that are displayed on, linked through, or otherwise made available through the Services. Sponsored Content and the compilation (meaning the collection, arrangement and assembly) of all Sponsored Content are protected by copyright, trademark, and other laws.

Services.

Eligibility.

Our Services are intended only for individuals aged 18 years or older. Any access or use of the Services by individuals under 18 is expressly prohibited and void. Our Services are controlled and operated within the United States. You are solely responsible for compliance with all applicable laws, rules, regulations and requirements in your jurisdiction, and you represent and warrant that your use of the Services complies with all such laws, including export laws, data protection and privacy laws, and any regulations and local laws regarding online conduct and content.

You are hereby prohibited from accessing or using the Site from any territory where the Site or any of the features, functionality, tools, or content thereof is illegal. If you choose to access the Site from a location outside the United States, you do so at your own risk.

License to Use.

Subject to your compliance with the Terms, Health Union grants you a limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use the Site and Services for your personal use or internal business use, unless a separate written agreement with Health Union authorizes broader use. This license is granted solely to enable you to use the Site or Services in the manner permitted by these Terms. You may not copy, reproduce, republish, sell, commercially exploit, or redistribute information found on the Site or Services except as expressly permitted by these Terms or a separate written agreement.

Modifications and Updates to the Services.

Health Union reserves the right, in its sole discretion, to modify or discontinue offering the Sites or Services, in whole or in part, or any features, functionality, tools, or content thereof, at any time, for any reason or no reason, with or without notice to you.

Service Limitations.

The Services may be unavailable, delayed, or limited from time to time due to maintenance, technical issues, third-party service interruptions, or other causes beyond our reasonable control. The Services may be unavailable or may not function as intended in the event of: internet, wireless, hosting, email, cloud, or other third-party service interruptions; scheduled maintenance, repairs, updates, bugs, or hardware or software failures; device, browser, or operating-system incompatibilities, misconfigurations, or user-equipment failures; or events beyond our reasonable control, including power outages, natural disasters, acts of God, labor disputes, or governmental actions.

YOU ACKNOWLEDGE THAT: (I) HEALTH UNION DOES NOT AND CANNOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (II) YOUR ABILITY TO ACCESS OR USE THE SERVICES MAY DEPEND ON YOUR DEVICE, INTERNET CONNECTION, BROWSER, AND OTHER THIRD-PARTY SERVICES THAT ARE OUTSIDE OF HEALTH UNION’S CONTROL; AND (III) YOU ARE RESPONSIBLE FOR USING THE SERVICES IN COMPLIANCE WITH THESE TERMS AND APPLICABLE LAW.

Registration.

While certain Services Content is publicly available, to access all features of the Services, you must register for an account using an email address. When creating an account, you agree to provide accurate, complete, and updated information about yourself. You may not use an email you do not have the right to use, or another person’s name with the intent to impersonate that person. Only one (1) User can use one (1) username and password, and thus, one (1) account. Health Union reserves the right to delete or change (with notice) a username or password at any time and for any reason.

Account Security.

You will not share your username, account, password, or other access credentials with any third party. Such sharing is strictly prohibited and may result in immediate termination of your account and access to the Services. You agree to protect the security of your username, account, password, and any other access tools or credentials. If you discover or are notified of a breach or potential breach of security, you will immediately notify Health Union and assist Health Union as reasonably necessary to enforce Health Union’s rights and to enable Health Union to comply with applicable data privacy and protection laws.

You are solely responsible for any activity associated with your username or through your account, whether or not you have authorized such activities or actions. You agree to defend, indemnify, and hold harmless Health Union from and against any and all damages (actual and consequential), losses, and expenses (including reasonable attorneys’ fees) arising from or in any way related to your failure to comply with the above requirements.

Privacy.

Our collection and use of Personal Information about Users is governed by our Privacy Notice and Your Privacy Choices page, which can be accessed at https://www.health-union.com/privacy-notice/ and https://health-union.com/privacy-choices/. By accessing and using the Site or Services, you acknowledge that your Personal Information will be collected, used, stored, and processed by Health Union as described in our Privacy Notice, including through transfers to the United States and/or other countries. As part of providing you with the Site, we may need to send you certain communications, such as service announcements and administrative messages. These communications are considered part of the Site, which you may not be able to opt out of unless you close your account. To submit a request to delete your Personal Information, submit a request via Privacy Rights Request or visit Your Privacy Choices.

Account Termination and Effect of Termination.

You may terminate or close your account at any time. To close or terminate your account, contact us at helpdesk@health-union.com or visit your User profile, select “Edit,” and “Close My Account.”

If your account is terminated or closed, Health Union has the right, but not the obligation, to delete Your Content. Unless Health Union elects to delete it, Your Content may remain on the Sites with Personal Information removed, de-identified, or anonymized as required by applicable law and our Privacy Notice. To request deletion of your Personal Information, you must submit a Privacy Rights Request via the Privacy Rights Request Form or contact us at privacy@health-union.com. For more information, please review our Privacy Notice.

We may, in our sole discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) terminate, close, cancel, limit, suspend, or deactivate your account, (ii) take technical and legal steps to prevent you from using our Site at any time for any reason, and (iii) screen or delay the posting or delivery of Your Content. In the event of your breach of these Terms, we may, in our sole discretion, provide written notice and an opportunity to cure the breach. We reserve the right to take immediate action, including but not limited to immediate termination of access and Services, in cases involving serious violations or potential harm to our Services, other Users, or Health Union’s interests, as determined in our sole discretion.

Your Content and License to Health Union.

License Grant to Health Union.

By submitting Your Content, you hereby grant Health Union a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid, sublicensable, and transferable license (including through multiple tiers) to use, edit, modify, truncate, aggregate, reproduce, distribute, create derivative works from, display, broadcast, publicly perform, and otherwise utilize Your Content in any and all media formats and through any media channels, including without limitation on third-party websites and feeds. This license applies both during and after the termination of your account, but it is subject to applicable law, including statutory privacy and erasure rights described in our Privacy Notice.

Health Union does not claim ownership of Your Content, but retains the rights provided by the license above to the extent permitted by applicable law, even after these Terms or your account terminate. Nothing in these Terms restricts your rights to use and exploit Your Content, except as provided by the license granted to Health Union. You acknowledge and agree that you are solely responsible for Your Content and for any Personal Information in Your Content.

As detailed in our Privacy Notice, you may have the right to request deletion of your Personal Information. Upon receiving a valid deletion request or when you close your account, Health Union will remove or anonymize Personal Information and Sensitive Personal Information contained in Your Content as required by applicable privacy laws and our Privacy Notice. However, we may retain de-identified, aggregated, or anonymized versions of Your Content for lawful business purposes. Additionally, Health Union may retain Your Content as necessary to comply with legal obligations, resolve disputes, enforce agreements, or as otherwise permitted by law.

User Content Disclaimer and Liability.

You are responsible for Your Content and any User Content you submit. The opinions expressed in User Content are solely those of the authors, who may or may not have medical or scientific training. These opinions and comments do not represent the opinions of Health Union and have not been reviewed by our Editorial Team or Medical Review Board. In some instances, opinions and comments may contain information about treatments or uses of prescription drugs that have not been approved by the U.S. Food and Drug Administration. Health Union does not endorse or encourage the use of non-FDA-approved products, services, or treatments. Health Union does not assume liability for any of the User Content on the Site. We are not responsible for, and expressly disclaim all liability for, any information you disclose in our Site forums, social networks, or other public areas, including any Personal Information or Sensitive Personal Information. We encourage you to review our Privacy Notice, as well as the policies and practices for all social media platforms regarding usage and data disclosure.

Disclosures for AI-Generated Content

Health Union will clearly label as “AI-Generated” any Services Content that has been substantially created by artificial intelligence tools.

If your User Content is created or substantially assisted by Artificial Intelligence, you must disclose its AI-generated nature within the content when required by applicable law, our policies, or when disclosure is necessary to avoid misleading other Users about the source, authorship, or authenticity of the content. Failure to properly disclose AI-generated content may result in immediate removal of the content, suspension, and/or termination of your account.

FTC Endorsement and Testimonial Compliance.

All User Content and contributions must comply with the Federal Trade Commission’s Endorsement Guides, including requirements for honest and accurate disclosure of material connections, sponsorships, or endorsements. See https://www.ftc.gov/news-events/topics/truth-advertising/advertisement-endorsements as it may be updated from time to time. You are responsible for ensuring that any endorsements, testimonials, or reviews you provide on the Services are truthful and properly disclosed per applicable FTC rules and Health Union’s policies.

Intellectual Property.

Services and Services Content.

All Services and Services Content, including but not limited to platform design, branding, software, user interface, original content, the proprietary ILLUMINÉ data engine, and related technologies, are and shall remain the exclusive property of Health Union or, where applicable, their respective third-party owners. All intellectual property rights in and to the Health Union platform and Services are retained by Health Union.

You are authorized to access and use the Services and Services Content solely for your own personal, non-commercial purposes, and only as expressly permitted by Health Union or its third-party licensors. Any other use, including but not limited to commercial exploitation, distribution, modification, reverse engineering, or creation of derivative works, is strictly prohibited. Any reproduction, redistribution, or other unauthorized use of the Services or Services Content may result in civil or criminal penalties to the fullest extent permitted by law.

Except for the limited rights expressly granted herein, all rights, title, and interest in and to the Services and Services Content are expressly reserved by Health Union and its licensors.

Feedback.

We welcome and encourage you to provide feedback and suggestions for the Services (“Feedback”). You acknowledge and agree that all Feedback you give us will be treated as non-confidential and will be the sole and exclusive property of Health Union. You hereby irrevocably transfer and assign to Health Union all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.

Copyright Policy.

If you believe any Services or User Content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent with the required information in writing. Your notification must include the information specified in 17 U.S.C. § 512(c)(3). It is Health Union’s policy to terminate, in appropriate circumstances, the accounts of Users who are repeat infringers. We reserve the right to remove alleged infringing User Content without prior notice.

Our designated copyright agent for notice of alleged copyright infringement is:

Attn: Copyright Agent
Health Union, LLC
1218 Chestnut St. 3rd Fl.
Philadelphia, PA 19103
E-mail: copyright@health-union.com
Phone: 484-985-9715
Fax: 484-450-2513

User Conduct & Community Participation.

User Conduct.

You agree to access and use the Services solely for your personal use. You are not authorized to:

Impersonate any person or entity, or misrepresent your identity or intentions.
Collect, store, or use information from or about another User without consent.
“Stalk” or harass any other User.
Distribute unsolicited commercial communications (“spam”), chain letters, or “pyramid” schemes.
Engage in political campaigning, solicit donations, or solicit money, medical products, or other things of value from other Users without Health Union’s express written authorization.
Systematically retrieve information or content to create databases (e.g., by “scraping,” “crawling,” or “spidering”) unless expressly authorized by a separate agreement.
Copy, distribute, share, or publish Services Content in ways inconsistent with our Privacy Notice, Your Privacy Choices page, or that violate privacy rights.
Circumvent our systems or policies (e.g., attempting to use Services if suspended).
Interfere with, disrupt, damage, or compromise the Services or our systems (e.g., through viruses, DDoS attacks, spamming, or overloading).
Avoid, bypass, or circumvent any technological measure protecting the Services.
Export or re-export the Services in violation of export control laws.
Use the Services or User Content contained in the Services for training a machine learning or artificial intelligence system.
Otherwise abuse the Services or breach these Terms, or attempt to do any of the foregoing.

Community Participation.

You agree that you will not access or use the Site to capture, record, upload, stream, share, or store any video or images, or otherwise act in any manner, that:

is intended to perpetrate a hoax or otherwise defraud, mislead, or deceive any person or entity.
violates, breaches, or circumvents any local, state, federal or other law, rule or regulation.
violates, breaches or circumvents the rights of any person or entity, including infringing or misappropriating such party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
is defamatory, obscene, pornographic, vulgar, lewd, offensive or unlawful, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
promotes illegal or harmful activities or substances.
or is harmful to children.

Important Information When Participating in Our Forums and Community.

Your participation in our Sites and online communities is also governed by our Community Rules, located at https://health-union.com/community-rules/, which are hereby incorporated into these Terms of Use. The opinions expressed in User Content are solely those of the authors and do not represent the opinions of Health Union. Health Union expressly disclaims any and all liability for any User Content, including but not limited to its accuracy, completeness, timeliness, or reliability. We reserve the right, in our sole discretion, to review, screen, or remove any User Content that violates these Terms or our Community Rules, without prior notice or explanation. We also reserve the right, but have no obligation, to monitor activity or authenticate content.

Disputes.

Users can report inappropriate content or conduct by emailing helpdesk@health-union.com or using the “Report flag” button on content pages. In disputes between Users, we encourage amicable resolution. If unable to resolve the dispute, Users may report it to our moderation team. For disputes between Users and Health Union, please refer to the Applicable Law and Dispute Resolution section below.

Consequences of Violation.

Users who violate content or conduct policies or Community Rules may face consequences including content removal, account suspension, or termination of account or access. Health Union reserves the right to take any action it deems appropriate in response to policy violations.

User Cooperation.

You agree to cooperate with Health Union in good faith in any reasonable investigation of actual or suspected violations of these Terms, including by providing information that Health Union reasonably requests.

Advertising Policy.

Health Union accepts advertising on its web Services in compliance with applicable federal and state laws, including FTC guidelines. All advertising content is identified as paid promotional material through prominent disclosures such as “ADVERTISEMENT,” “SPONSORED LINKS,” “SPONSOR RESOURCE CENTER,” or similar designations. Although Health Union may screen advertisements for policy compliance, Health Union does not control third-party advertiser websites, products, services, or landing pages. When clicking on an advertisement or entering a sponsored page, you agree that Health Union will not be liable, directly or indirectly, for any damage or actions caused or alleged by or in connection with the use of these links and their content.

Third-Party Software, Services, and Links.

Our Services may incorporate or interface with third party software, libraries, or services. We do not guarantee the availability, accuracy, or reliability of these materials. Any third party software used is subject to the third party’s respective privacy policy, terms of service, and licensing agreements, and you agree to comply with all such terms. Health Union expressly disclaims all warranties, representations, and liabilities related to any third party software. Users are advised to review and comply with these separate terms and conditions. Health Union does not endorse any products advertised through the Services.

User Warranties & Indemnification.

Warranties by Users.

You represent and warrant to Health Union that: (i) you have the legal capacity, power and authority to accept and be bound by these Terms; (ii) you own or control all rights necessary to grant the licenses granted herein, and have all required permissions, releases, and consents from any third parties whose personal information or content you may include in Your Content; (iii) you will not violate any laws or infringe third-party rights in connection with Your Content or use of the Services; (iv) Health Union’s exercise of rights in Your Content as authorized by you under these Terms will not violate laws or infringe rights; and (v) all account information provided by you will be complete, accurate, and up-to-date.

No Conflict.

You represent and warrant that you are not prohibited or limited from accessing and using the Services by any contract, employer policies, or professional rules of conduct. You confirm you have obtained all necessary consents or waivers.

Indemnification.

You agree to indemnify, defend, and hold harmless Health Union and its officers, directors, employees, agents, successors, assigns, and affiliates (each an “Indemnified Party”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right; or (iv) any claim that Your Content caused damage to a third party.

Obligation to Defend.

At Health Union’s option, you will permit Health Union to assume control of the defense and settlement of any matter subject to indemnification by you, provided that you may not settle any such matter in a manner that imposes liability or obligations on any Indemnified Party without Health Union’s prior written consent.

California Civil Code Section 1542 Waiver.

If you have a dispute with one or more Users or any third party arising out of or relating to the Services, you release Health Union and each Indemnified Party from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you expressly waive, with respect to the foregoing release, the protections of California Civil Code Section 1542, which provides:

A general release does not extend to claims that the releasing party does not know or suspect to exist in his, her, or their favor at the time of executing the release and that, if known by him, her, or them, would have materially affected his, her, or their settlement with the released party.

Disclaimers & Limitation of Liability.

Disclaimer of Warranties and Conditions.

YOUR USE OF THE SERVICES AND SERVICES CONTENT IS AT YOUR OWN RISK. ALL SERVICES CONTENT, SERVICES, AND INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEALTH UNION MAKES NO REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SUITABILITY OF PRODUCTS, SERVICES, AND INFORMATION AVAILABLE. HEALTH UNION DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY, NOR THAT FUNCTIONS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

FOR MORE DETAILED INFORMATION ON OUR SECURITY PRACTICES, PLEASE VISIT OUR HEALTH UNION TRUST CENTER at https://security.health-union.com/.

Limitation of Liability and Damages.

EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL HEALTH UNION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, OR FOR ANY BREACH OF SECURITY, REGARDLESS OF THE THEORY OF LIABILITY. NOTWITHSTANDING THE FOREGOING, HEALTH UNION’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO HEALTH UNION FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK RELATED TO YOUR USE OF THE SERVICES IS AND REMAINS WITH YOU.

Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEALTH UNION AND YOU AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Exclusions.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW ANY PART OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS TO APPLY TO YOU, THOSE PARTS WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Entire Agreement.

These Terms, including our Privacy Notice, Your Privacy Choices page, applicable Supplemental Terms, and Community Rules (all of which are incorporated herein by reference), constitute the entire agreement between you and Health Union regarding the Services, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and Health Union and regarding the subject matter hereof.

Survival of Terms.

Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.

Waiver.

Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of Health Union. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.

Remedies.

Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

Assignment.

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without Health Union’s prior written consent. Any attempted assignment in violation of the foregoing is null and void. Health Union may assign these Terms, in whole or in part, without restriction in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.

No Agency.

Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

Severability.

Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. If the class action waiver in the Applicable Law and Dispute Resolution section is found unenforceable, the arbitration provisions shall be deemed null and void as set forth therein.

Third-Party Beneficiaries.

Except as otherwise expressly set forth in these Terms, these Terms do not and are not intended to confer any rights or remedies on any person other than you and Health Union; provided, however, that Health Union’s officers, directors, employees, agents, successors, assigns, and affiliates are intended third-party beneficiaries of the sections titled “Intellectual Property,” “Disclaimers & Limitation of Liability,” “User Warranties & Indemnification,” and “Applicable Law and Dispute Resolution.”

Applicable Law and Dispute Resolution.

Governing Law.

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) will be governed by the Federal Arbitration Act and the laws of the State of New York, without regard to its conflict-of-laws principles, except to the extent that applicable consumer-protection law provides otherwise.

Dispute Resolution (Informal Resolution Period).

Before either party files an arbitration claim or lawsuit permitted by these Terms, the party must first provide the other party with written notice describing the Dispute in reasonable detail and attempt in good faith to resolve the Dispute informally for at least thirty (30) days (the “Informal Resolution Period”). Notice to Health Union must be sent to legal@health-union.com or Health Union, LLC, Attn: Legal Department, 1218 Chestnut Street, 3rd Floor, Philadelphia, PA 19107.

Compliance with this section is a condition precedent to initiating any arbitration or court proceeding, and no arbitration demand or lawsuit may be filed until the Informal Resolution Period has expired without resolution. All applicable statutes of limitations and any filing-fee deadlines will be tolled during the Informal Resolution Period.

Binding Arbitration.

Except for disputes that qualify for small claims court and disputes seeking temporary or preliminary injunctive relief for actual or threatened misuse of intellectual property, unauthorized access, or other misuse of the Site, any Dispute not resolved through the informal process will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, if applicable, the AAA Consumer Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879 and are incorporated by reference. In the event of any conflict between these Terms and the AAA Rules, these Terms will control.

The arbitration may be conducted in the county where you reside, in New York County, New York, or by videoconference, telephone, or written submissions, as permitted by the applicable AAA Rules. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Health Union will pay all arbitration filing fees, administrative fees, and arbitrator compensation that exceed the amount you would have been required to pay to file the Dispute in a court of competent jurisdiction. If the arbitrator finds the substance of your claim or relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then payment of all arbitration fees will be governed by the AAA Rules and the arbitrator may require you to reimburse Health Union for amounts advanced on your behalf.

Health Union will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines that your claim is frivolous.

Jurisdiction and Venue.

For any Dispute properly brought in court rather than arbitration, exclusive jurisdiction and venue will lie in the state or federal courts located in New York County, New York, unless applicable law requires otherwise. Either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Class Action Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HEALTH UNION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND HEALTH UNION OTHERWISE AGREE IN WRITING, THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. HOWEVER, NOTHING IN THIS SECTION WAIVES OR LIMITS ANY NON-WAIVABLE RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT SUCH RELIEF CANNOT BE WAIVED UNDER APPLICABLE LAW.

IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS SECTION IS VOID OR UNENFORCEABLE FOR ANY REASON, OR THAT ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISIONS SHALL BE DEEMED NULL AND VOID IN THEIR ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES. IN THAT EVENT, ANY DISPUTE SHALL PROCEED IN COURT IN ACCORDANCE WITH THE JURISDICTION AND VENUE SECTION ABOVE.

Opt-Out Right.

You may opt out of the arbitration and class action waiver provisions by sending written notice to Health Union at legal@health-union.com or Health Union, LLC, Attn: Legal Department, 1218 Chestnut Street, 3rd Floor, Philadelphia, PA 19107 within thirty (30) days of the date on which you first accept these Terms. The opt-out notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you timely opt out, neither party will be required to arbitrate Disputes, but all other provisions of these Terms will remain in effect.

Future Amendments to This Section.

If Health Union changes this Applicable Law and Dispute Resolution section after you first accept these Terms, the change will not apply to any Dispute of which Health Union had actual notice before the change became effective. Any material change will apply prospectively only. If you do not agree to a material change, you must stop using the Services before the change becomes effective.

Survival of This Section.

This Applicable Law and Dispute Resolution section will survive any termination, cancellation, or expiration of these Terms or your use of the Services and will continue to apply to any Dispute arising out of or relating to any transaction or interaction between you and Health Union, regardless of when the Dispute arises.

Notices.

Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by Health Union (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Site. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

Notice to California Residents – Consumer Rights.

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice: Complaints regarding the Site or requests for further information on its use may be sent to the address below or helpdesk@health-union.com. The Complaint Assistance Unit of the Division of Consumer Services within the California Department of Consumer Affairs can be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834, or by telephone at (916) 445-1245 or (800) 952-5210. Hearing-impaired individuals may call TDD at (800) 326-2297 or (916) 928-1227; see https://www.dca.ca.gov for more information.

Contact Us.

For general inquiries, contact Health Union at helpdesk@health-union.com.

Legal notices must be sent in writing via certified mail (return receipt requested) or overnight courier service with proof of delivery, and will be effective upon actual receipt at:

Health Union, LLC
Attn: Legal Department
1218 Chestnut Street
3rd Floor, Philadelphia, PA 19107
legal@health-union.com

Archive