“Hummingboard made it easy for us to share our experience from a recent doctor visit.”
“After relocating to California it was very convenient to visit Hummingboard to help evaluate my options of new doctors.”
“It's great to have a community of caring individuals sharing their experiences. Thank you Hummingboard!”
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Hummingboard Terms & Conditions
Hummingboard, LLC does not provide medical advice and is intended for informational purposes only. The Terms & Conditions outlined in this document apply to the Websites owned and operated by Hummingboard, LLC (“Hummingboard,” “We,” “Us” or “Our”) that are intended for use by users/consumers (non-professionals) (“You,” “Your” or “Ourself”) for non-commercial personal, family or household purposes, including http://www.hummingboard.us (“Hummingboard Website,” “Website”) and including the mobile optimized version of this Website. A "user" is anyone accessing, browsing, crawling, scraping or in any way using Our Website. References to "Hummingboard" mean Hummingboard, LLC, including any company that Hummingboard, LLC controls. We collect data and other information regarding physicians, dentists and other providers of healthcare services ("Healthcare Providers") from a variety of sources. Hummingboard uses crowdsourcing to compile certain data and content to generate ratings of the Healthcare Providers ("Ratings"). Crowdsourcing is defined as, “to obtain (information or input into a particular task or project) by enlisting the services of a number of people, either paid or unpaid, typically via the Internet”. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. This Content is for informational purposes only and is not a substitute for professional medical advice, diagnosis or treatment. "Your Content" means Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, comments, supports, alerts, invitations, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Website. User Content (including any that may have been created by users employed or contracted by Hummingboard) does not necessarily reflect the opinion of Hummingboard. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. Please note that while using the Website, "Third Party Content" may be presented to You. Third Party Content means Content that originates from parties other than Hummingboard or its users, which is made available in connection with the Website. On this Website, Hummingboard makes available Ratings, lists based on specific criteria, including without limitation, in the form of search results (“Lists”), and other information, profiles and materials regarding Healthcare Providers, all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and Hummingboard Content (collectively referred to as, the "Website Materials"). We make some of the Website Materials publically available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Website Materials on Your personal computer, website, or blog ("Your Site"), provided that (1) Your use of the Feeds is for personal, non-commercial purposes only, (2) Your display of the Website Materials links back to the relevant pages on Our Website, and attributes Hummingboard as the source of the displayed content by including for example “Copyright Hummingboard ©2016. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content, (3) Your use or display of the Website Materials does not suggest that Hummingboard promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (4) You do not redistribute the Website Materials, and (5) Your use of the Feeds does not overburden Hummingboard's systems. Hummingboard reserves all rights in the Website Materials and may terminate the Feeds at any time. To inquire about other possible uses of the Feeds please contact us by using the “Contact Us” link at the bottom of every page of Our Website or by using the contact information in the “Contact Hummingboard” section below.
These Terms & Conditions govern your access to and use of this Website and the Website Materials and constitutes a binding agreement between you and Hummingboard. Any special rules for the use of certain software and other items accessible on the Hummingboard Website may be included elsewhere within the Website and are incorporated into these Terms and Conditions by reference. By using and browsing this Website or any Website materials, You acknowledge and confirm that You have read and understand all that is within these Terms & Conditions concluding a legally binding contract with Hummingboard, LLC. We reserve the right to translate these Terms & Conditions into other languages for Your convenience. Nevertheless, the English version governs your relationship with Hummingboard, and any inconsistencies among the different versions will be resolved in favor of the English version. Do not access or use the Website if You are unwilling or unable to be bound by these Terms & Conditions. These Terms & Conditions, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by You except with Hummingboard's prior written consent, but may be assigned or transferred by Us without restriction. Any attempted assignment by You shall violate these Terms & Conditions and be void. Any failure on Hummingboard's part to exercise or enforce any right or provision of these Terms & Conditions does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If You are accessing, using or browsing this Website on behalf of an individual other than Yourself, which may be either a natural person or an entity other than Yourself:
You represent, warrant and covenant that You are at least age 18;
You represent, warrant and covenant that You are authorized to engage in the activities that You conduct within the Website on behalf of that person or entity other than Yourself, and acknowledge that these Terms & Conditions is the legal equivalent of a signed, written contract between Hummingboard and you or your entity, as applicable; and
You understand that "You," "Your," and "Yourself" in these Terms & Conditions mean both that natural person or entity and You acting on behalf of that natural person or entity other than Yourself.
Note: The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect.
Hummingboard is not a referral service and does not recommend or endorse any particular Healthcare Provider, products, procedures, opinions, specific medical tests or any other form of information found on this Website. Rather, Hummingboard is only an intermediary that provides the aggregate of select factual and public information (e.g. name of Healthcare Provider, address of place of practice, business phone number, specialty and subspecialty) and crowdsourced information about Healthcare Providers. We do not offer advice regarding the quality or suitability of any particular Healthcare Provider for specific treatments or health conditions, and no information on this Website should be construed as health or medical advice. The Ratings and Healthcare Provider information (other that the select factual and public information mentioned previously) consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider.
You assume all responsibility in connection with choosing any Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Website. Hummingboard and its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the directors, officers, agents, and representatives of each, assume no (and hereby disclaim all) responsibility or liability of any kind, for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
Upon your acceptance of these Terms & Conditions, Hummingboard grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Website and the Website Materials, and to copy, download, store and/or print only a single copy of any Website Materials, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the Website Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Website Materials on any such copy. All rights not expressly granted to You herein are reserved by Hummingboard; there are no implied licenses under this Agreement. The license granted to You in these Terms & Conditions is expressly conditioned on Your continued compliance with these Terms & Conditions.
As between you and Hummingboard, all right, title and interest in and to the Website and the Website Materials, including without limitation the Ratings, and systems and methodologies used to create or display the Ratings and Lists, together with all intellectual property rights embodied therein, are the property of Hummingboard or Hummingboard’s Affiliates. We own the Website Materials, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Materials, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding Your Content, User Content and Third Party Content. The Website and Website Materials are protected by law, including but not limited to U.S. and international copyright law, trademark law, trade secret law, as well as other state, federal, and international laws, regulations and treaties (collectively, "IP Laws"). Hummingboard does not claim any rights in unaltered government data.
You agree not to engage in any activity that would constitute copyright infringement with respect to the Website Materials, including without limitation the Ratings, Lists and/or the systems and methodologies used to create or display the Ratings and Lists. You acknowledge that Hummingboard selected, compiled, arranged and adjusted data and information regarding Healthcare Providers and the Ratings are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to Hummingboard. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Website Materials or any portion thereof without Hummingboard’s prior written consent. By way of illustration but not limitation, except as expressly permitted in these Terms & Conditions or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Website or any Website Materials (including, but not limited to, any Ratings or Lists), in whole or in part, in any form or by any means. Also by way of illustration but not limitation, except as expressly permitted in these Terms & Conditions or otherwise permitted by us in writing, you may not, directly or indirectly, use any of the Ratings or Lists for any purposes other than your personal, non-commercial evaluation of Healthcare Providers, to compile mailing lists or other lists of Healthcare Providers for commercial purposes, to establish independent data files or compendiums of statistical information or in violation of any applicable laws or regulations. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "Hummingboard" without our prior written permission. We own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Website Materials and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection with the Website Materials, including without limitation the Ratings. You acknowledge that Hummingboard®, Hummingboard.us™ (collectively, "Hummingboard Marks") are service marks and trademarks of Hummingboard.
You acknowledge that Hummingboard actively and extensively uses and promotes the Hummingboard Marks and that there is substantial goodwill associated with the Hummingboard Marks. You agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Ratings, Lists and Hummingboard Marks in any manner likely to deceive or cause confusion in the marketplace. You understand and agree that, due to the nature of Hummingboard’s services, any unauthorized citation, reproduction or re-publication of the Ratings or Lists and use of any of the Hummingboard Marks or Website Materials is likely to be deceptive and cause confusion in the marketplace, suggest non-existent sponsorship or endorsement by Hummingboard, misappropriate Hummingboard’s reputation, goodwill business opportunities and revenues, or otherwise misappropriate the cachet of Hummingboard’s services; thus, you agree not to cite (orally, in writing or otherwise), reproduce or re-publish the Ratings, Lists and Hummingboard Marks without the prior written permission of Hummingboard and you hereby waive any right to assert any "nominative fair use" or "nominative use" defense in any trademark or copyright infringement action brought against you in the event that you do cite, reproduce or re-publish the Ratings, Lists or Hummingboard Marks without the prior written permission of Hummingboard. You further acknowledge that other names and logos contained in this Website or in the Website Materials are trademarks and service marks of third parties and may not be used without the permission of the trademark or service mark owner.
The Ratings and Lists constitute confidential and valuable proprietary compilations owned by Hummingboard. You will protect the confidentiality of (and not disclose to any person) the Ratings or Lists for three (3) years from the date you accessed such information, by using at least the same degree of care as you use to protect your own confidential information, but no less than a reasonable degree of care. Your disclosure of information contained in the Ratings pursuant to a judicial or administrative order will not be deemed to be a breach of these Terms & Conditions, provided that you provide timely written notice of such order to Hummingboard and reasonably cooperate with Hummingboard efforts to contest or limit the scope of such order. Any breach of the foregoing confidentiality obligation will cause Hummingboard irreparable harm for which there is no adequate legal remedy. In the event of any actual or threatened breach of this Agreement, Hummingboard will be entitled to obtain injunctive and all other appropriate relief from a court of competent authority, without being required to: (1) show any actual damage or irreparable harm; (2) prove the inadequacy of its legal remedies; or (3) post any bond or other security.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Website and any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Hummingboard and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an email to the contact described in the “Contact Hummingboard” section below to inquire about the possibility of alternative arrangements regarding the Ratings and Lists.
If you wish to access certain areas of this Website or the Website Materials available on or through certain areas of this Website, you must choose a password during your completion of this Website's registration process. By registering, you represent, warrant and covenant that: (a) you are at least 18 years of age; (b) you are using your actual identity; (c) you have provided only true, accurate, current and complete information about yourself during the registration process; and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by logging into the Website and clicking on "Sign In."
By logging onto this Website using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. Hummingboard has several tools that allow You to record and store information. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Website using your password. It is Your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of Your Hummingboard account and password; (3) promptly inform Hummingboard if You believe Your account or password has been compromised or if there is any other reason You need to deactivate a password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify Us immediately by using the “Contact Us” link at the bottom of every page of Our Website or by using the contact information in the “Contact Hummingboard” section below. You grant Hummingboard and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of the Website. We reserve the right to delete or change any password at any time and for any reason. In addition, under no circumstances may you access or use the Hummingboard Website if you are a competitor of Hummingboard’s or if We have previously banned You from the Website or closed your account.
These Terms & Conditions will take effect at the time you click "Sign Up" or access, use or browse this Website or any Website Materials. We reserve the right, at any time and for any reason, without notice to you or liability of any kind: (1) to deny you access to this Website, the Website Materials or any portion thereof; (2) to change, remove or discontinue the Website or any portion thereof, or any of the Website Materials or services available on or through this Site; or (3) to terminate this agreement between you and Hummingboard. Upon termination of this agreement between you and Hummingboard, all licenses granted to you under these Terms & Conditions immediately and automatically terminate and you may no longer access, browse or otherwise use this Website, the Website Materials Your Content or any other related information.
Please note that if You use the Website outside of the United States, You consent to having Your personal data transferred to and processed in the United States.
The Hummingboard Website contains certain content, services and advertisements offered to You through the Hummingboard Website are served on, or contain links to, sites hosted and operated by a company other than Hummingboard ("Third Party Websites"). Hummingboard and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. Furthermore, the manner, mode and extent of such advertising are subject to change without specific notice to you. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Website, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site. For more information, please refer to the “Advertisement & Sponsorship Policy” tab located at the bottom of every Hummingboard webpage.
Some of the Website Materials, including but not limited to, certain healthcare information, news, data, research, analysis and opinions, are provided by independent information providers ("IIPs"). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information you deliver to third parties accessed through a link at the Website will be held subject to the privacy policies of that third party, and not Hummingboard.
The use of the Website by any entity or individual to verify the credentials of physicians is prohibited. The database of physician information which drives the Website does not contain sufficient information with which to verify physician credentials under the standards of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), National Committee for Quality Assurance (NCQA) of the Utilization Review Accreditation Committee (URAC).
Any and all materials (other than information given in connection with registration, which shall be treated as set forth in other provisions of these Terms & Conditions), including without limitation patient surveys, physician responses, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Website or any Website Materials ("Submissions") are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. If you make any submission to a Public Area or if You submit any business information, idea, concept or invention to Hummingboard by email, You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, automatically grant or warrant that the owner of such content or intellectual property has expressly granted Hummingboard a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, transmit, distribute, publicly perform or display the communication or content in any media or medium, create derivative works from, or any form, format, or forum now known or hereafter developed. Hummingboard may sublicense its rights through multiple tiers of sublicenses. You will not assert any proprietary right or moral right of any kind with respect to any Submissions. If You wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Hummingboard by email.
You represent and warrant to Hummingboard that:
you own, or are otherwise lawfully authorized to use, all Submissions and portions thereof that you transmit to or through this Website including text, photos video or audio content;
any Submissions submitted by You will not contain any of the following material (the “Proscribed Material”):
material that is false, defamatory, libelous, factually inaccurate, fraudulent, deceptive or misleading;
material that violates any U.S. or international law or regulation, including without limitation any law or regulation governing advertising or testimonials;
material that discriminates against, ridicules, harasses, disparages, threatens an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that Hummingboard deems inappropriate for the Website;
material that is unlawful, obscene, defamatory, abusive, slanderous to any person or entity as determined by Hummingboard in its sole discretion
chain letters or pyramid schemes;
trade reviews with other businesses, or compensate someone or be compensated to write or remove a review;
material that infringes or violates any person’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
material that is obscene or derogatory; and
material that promotes violence, firearms, ammunition or weapons designed to inflict serious bodily harm;
promote a business or other commercial venture or event, or otherwise use the Website for commercial purposes, except in connection with a Business Account and as expressly permitted by Hummingboard;
send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Website's search results or any Third Party Website;
solicit personal information from minors, or submit or transmit pornography;
material that Hummingboard deems, in its sole discretion, objectionable or inappropriate for the Website;
violate any applicable law; and
Hummingboard’s use of any Submission, as permitted under these Terms & Conditions, does not and will not violate any U.S. or foreign law or regulation, including without limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual property law, and will not cause injury to any person or entity.
You understand and agree that inclusion of any Submissions on the Website is not, and shall not be, an endorsement of any cause, idea, website, interest, products or services
You also represent and warrant to Hummingboard that:
You will not assist, encourage or enable yourself or others to;
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Website Content (other than Your Content), except as expressly authorized by Hummingboard;
Use any robot, spider, Website search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or any Website Content;
Impersonate another person;
Allowing any other person or entity to use Your identification for posting or viewing comments
Reverse engineer any portion of the Website;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting the same note more than once or "spam" or “spamming”;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the Website;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Hummingboard's technology infrastructure or otherwise make excessive traffic demands of the Website;
Attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
Use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
Use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Website, or which, in the judgment of Hummingboard, exposes Hummingboard or any of its customers or suppliers to any liability or detriment of any type.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us (using the “Contact Us” link at the bottom of every page of Our Website or by using the contact information in the “Contact Hummingboard” section below) together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Hummingboard Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
Record the dialogue in public chat rooms.
Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
Terminate a user's access to any or all Public Areas and/or the Hummingboard Site upon any breach of these Terms and Conditions.
Monitor, edit, or disclose any communication in the Public Areas.
Edit or delete any communication(s) posted on the Hummingboard Site, regardless of whether such communication(s) violate these standards.
Hummingboard and its licensors are not responsible or liable for the consequences of any communications and submissions (by any Hummingboard users or other person or entity for performance or nonperformance of the aforementioned activities) in the Public Areas. In cases where You feel threatened or believe someone else is in danger, You should contact Your local law enforcement agency immediately. If You think You may have a medical emergency, call Your doctor or 911 immediately.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
Should you elect to send or receive email communications of any kind to or from Hummingboard, you represent and warrant to Hummingboard that your email service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound email transmissions. You further agree that the content (including any Website Materials) in any email or other electronic communication you receive from Hummingboard is subject to the provisions of these Terms & Conditions.
By creating an account, you agree to receive certain communications in connection with other users including communications in public forums or direct messages through Hummingboard’s Messages service.
We reserve the right to view, monitor and record activity on this Website without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind: (1) to comply with legal requirements and law enforcement instructions and orders, such as a law, regulation, search warrant, statute, subpoena or court order; (2) in special cases, such as in response to a physical threat to You or others, to protect property or defend or assert legal rights; (3) to prevent, investigate, or identify possible wrongdoing in connection with the service; (4) to protect Our operations or those of any affiliate of Hummingboard; (5) to protect Our rights, privacy, safety or property, or that of any affiliate of Hummingboard, You or others; or (6) with third parties who have agreements with Us, including marketers, advertisers and other health service providers. If You contact or otherwise complain to Hummingboard about content through the services We provide, We may share the substance of Your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
We are not responsible for screening, policing, editing or monitoring this Website. We are committed to complying with all applicable U.S. and foreign laws and regulations, including without limitation copyright and related laws, and expect all Users of this Website to comply with all applicable laws and regulations as well. Using this Website to transmit any Proscribed Materials is expressly prohibited under these Terms & Conditions.
If it comes to our attention, we discover or we are notified of an allegation that this Wesbite or a Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Website. Notices to us regarding any alleged violation of these Terms & Conditions or copyright infringement on this Website should be directed to Hummingboard by using the “Contact Us” link at the bottom of every page of Our Website or by using the contact information in the “Contact Hummingboard” section below.
The services Hummingboard provides allows it’s users to contribute content in a variety of ways including reviews, photos, videos, supports, alerts, private messages and more. In an effort to maintain a resourceful community for all of Our users, the following is a list of guidelines We ask that You follow when contributing to Our online community:
Inappropriate Content: We understand that you have the right to freedom of speech and expression. However, We ask You to refrain from threatening, harassing, using profanity, displays of bigotry or any other forms of hate speech and unnecessary diction. Please feel free to express emotion and use detailed language, but as a courtesy to the Hummingboard community We ask that You stick to your point when reviewing a physician or dentist and not go on a tirade. If We deem contributed content to be inappropriate, We reserve the right to remove the contribution and/or temporarily suspend or terminate Your account without notice to you or liability of any kind.
Conflicts of Interest: The services Hummingboard provides are intended to benefit patients, across the United States, by providing a place of reference when they are searching for a physician or dentist who is best for them. With this in mind, please do not contribute content about Your own practice or employer, Your peers’ or relatives’ businesses. Leaving a review with malevolent or malicious intent on Your competitors’ page will defeat the purpose of this social networking platform. You should only leave a review of a physician or dentist from whom You have received medical care. If We deem contributed content to be fraudulent and contributed maliciously, We reserve the right to remove the contribution and/or temporarily suspend or terminate Your account without notice to you or liability of any kind.
Promotional Content: Unbiased recommendations is Hummingboard’s primary objective. We want Our community to be supportive of one another and of physicians and dentists with whom You have had a positive experience. Please refrain from posting promotional content anywhere on the Website. Promotional content includes content pertaining to a product or service You, Your employer, peers or relatives are selling and/or providing. If We deem contributed content to be promotional, We reserve the right to remove the contribution and/or temporarily suspend or terminate Your account without notice to you or liability of any kind.
Relevance: In an effort to make Hummingboard’s services as beneficially to Our community as possible, We ask that any content that is contributed by You is relevant and appropriate for the forum to which You are contributing. This content should be void of any irrelevant circumstances, political ideologies, employment practices or any material that does not focus on the core consumer experience. If We deem contributed content to be irrelevant, We reserve the right to remove the contribution and/or temporarily suspend or terminate Your account without notice to you or liability of any kind.
Privacy: Some of the services Hummingboard provides allow You to share private information with other Hummingboard users directly (e.g. information disclosed in the Messages feature). This information should not be shared to other public forums on the Website or elsewhere. Please do not publicly share photos or videos that can lead to the identification of other patrons without their permission. Do not post the full names of people other than Yourself, unless you are referring to a service provider who is commonly identified or commonly shared their own full name. If We deem contributed content to be private information published without prior written consent from the proprietor, We reserve the right to remove the contribution and/or temporarily suspend or terminate Your account without notice to you or liability of any kind.
Intellectual Property: Please make sure Your contributions are original and of Your own personal experience. Do not contribute content from other sites or Hummingboard users, including written reviews, photos or videos. If We deem contributed content to be copied material and not of original origin to You, We reserve the right to remove the contribution and/or temporarily suspend or terminate Your account without notice to you or liability of any kind.
Demanding Payment: Using the removal or contribution of reviews as means of extortion is prohibited, regardless of whether You have been a patient of the provider or a beneficiary of the appropriate provider of the product or service. If We find that content has been contributed or removed in connection with a payment, We reserve the right to remove the contribution and/or temporarily suspend or terminate the offender's account without notice to you or liability of any kind.
You absolve and release us and our Affiliates from any claim of harm resulting from any cause(s) over which We or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private health information that you have provided to third parties through links on Our Website.
HUMMINGBOARD DOES NOT PROVIDE MEDICAL ADVICE. THIS WEBSITE AND THE WEBSITE MATERIALS ARE PROVIDED ON AN "AS AVAILABLE" , "WITH ALL FAULTS" AND "AS IS" BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. HUMMINGBOARD MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE WEBSITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. HUMMINGBOARD MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HUMMINGBOARD, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS WEBSITE, THE WEBSITE MATERIALS (SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS), OR ANY PRODUCTS, SERVICES, OR RESULTS OBTAINED ON OR THROUGH THIS WEBSITE; (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS WEBSITE OR ANY WEBSITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE; AND (C) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE WEBSITE MATERIALS CONTAINED ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND THE WEBSITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HEALTHCARE PROVIDERS OR WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS WEBSITE, AND YOU WILL LOOK SOLELY TO SUCH HEALTHCARE PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
WE ARE UNDER NO OBLIGATION TO ENFORCE THESE TERMS & CONDITIONS ON YOUR BEHALF AGAINST ANOTHER USER. WHILE WE ENCOURAGE YOU TO LET US KNOW IF YOU BELIEVE ANOTHER USER HAS VIOLATED THESE TERMS & CONDITIONS, WE RESERVE THE RIGHT TO INVESTIGATE AND TAKE APPROPRIATE ACTION AT OUR SOLE DISCRETION.
NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE, ANY WEBSITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, ANY WEBSITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S) AND YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE. FROM TIME TO TIME THE WEBSITE MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.
THIS ALSO INCLUDES DAMAGES CONSEQUENTIAL OF USING THIS WEBSITE AT YOUR OWN RISK, INCLUDING THE RISK THAT YOU MIGHT BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INACCURATE, OBJECTIONABLE, OR OTHERWISE INAPPROPRIATE. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, ANY WEBSITE MATERIALS, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).
HUMMINGBOARD MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE WEBSITE OR THE WEBSITE'S USERS. ACCORDINGLY, HUMMINGBOARD IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
HUMMINGBOARD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, LOSS OF USE, LOSS OR CORRUPTION OF INFORMATION OR DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM) ARISING OUT OF THE INABILITY TO USE THIS WEBSITE, ANY WEBSITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS WEBSITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply to you.
HUMMINGBOARD’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO THE HUMMINGBOARD ENTITIES IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (2) $1,000. Remedies under these Terms & Conditions are exclusive and are limited to those expressly provided for in these Terms & Conditions.
You will defend, indemnify, and hold harmless Hummingboard and Our Affiliates, and Our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (1) your use of this Website, any Website Materials, or any products or services obtained on or through this Website, (2) any arrangements you make based on information obtained on or through this Website or (3) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, (4) any breach by you of these Terms & Conditions. Hummingboard reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us and you agree to cooperate with Our defense of these claims. You agree not to settle any such matter without the prior written consent of Hummingboard. Hummingboard will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
Regardless of the jurisdiction in which you work or reside, these Terms & Conditions are made in the State of Florida, and will be construed and enforced in accordance with Florida law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Florida, and except and to the extent that the Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule applies to any health-related information you provide to Hummingboard (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Florida will govern. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Hummingboard or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
ANY ACTION ARISING OUT OF THE CONTENT OF THIS WEBSITE, YOUR USE OF THE WEBSITE MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY WEBSITE MATERIALS OR USE OF ANY HUMMINGBOARD MARKS, OR ANY ACTION TO ENFORCE THESE TERMS & CONDITIONS WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN TAMPA, FLORIDA, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS WEBSITE IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS SITE IN THE FEDERAL AND STATE COURTS OF FLORIDA, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS WEBSITE.
This Website is controlled and operated by Hummingboard from its offices within the United States. We make no representation that this Website or the Website Materials are appropriate or available for use outside of the United States, and access to this Website or the Website Materials from territories where their contents are illegal is prohibited. Those who choose to access this Website or the Website Materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any of these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you believe that any content, posting, Submission or other materials or information displayed on or provided through the Website, including through a link, infringe Your copyright, You may request removal of those materials (or access thereto) from this Website by using the “Contact Us” link at the bottom of every page of Our Website or by using the contact information in the “Contact Hummingboard” section below (identified below) and providing the following information:
A description of the copyrighted work that You claim has been infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
A description the material that You claim is infringing and its located on the Website. This description should be reasonably sufficient to enable Hummingboard to identify and locate the material. provide us with its URL or any other pertinent information that will allow us to locate the material;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material; and
provide us with its URL or any other pertinent information that will allow us to locate the material
Any communication sent to the Us for any purpose other than communication about copyright infringement may not be answered. Hummingboard may terminate the accounts of repeat infringers under appropriate circumstances.
If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to Hummingboard:
Your physical or electronic signature;
a. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
b. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and
Your name, physical address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Tampa, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Identification of the work claimed to have been infringed (e.g., trademark registration);
a. Identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Site;
b. Your contact information, including your address, telephone number and a valid email address; and
c. A statement by you that you have a good faith belief that use of the material is not authorized.
By submitting a valid notice of infringement, You agree that We may provide Your request to the user who posted the material addressed in Your notice. Upon receipt of a valid notice of intellectual property infringement, Hummingboard may remove or disable access to the allegedly infringing content in its sole discretion. Hummingboard may terminate the accounts of repeat infringers under appropriate circumstances.
We reserve the right to change or modify these Terms & Conditions or any of Our tools or services at any time and any changes will be effective upon being posted unless We advise otherwise. If We make any material changes to this policy We will notify You by email (sent to the email address specified when You register) and/or by means of a notice on this Website prior to the change becoming effective. By continuing to access or use the Service after those changes become effective, You agree to the revised Terms & Conditions. We encourage You to periodically review this Website for the latest information on Our Terms & Conditions. If You do not accept the terms of these Terms & Conditions, We ask that You do not register with us and that You do not use the Hummingboard Website. Please exit the Hummingboard Website immediately if You do not agree to these Terms & Conditions.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions (image, video, audio files), Indemnity, Jurisdiction, and Complete Agreement.
Notices to you may be posted on the Website or sent to the email address that you provide to us when you register, as Hummingboard deems appropriate. Such notice will be deemed given on the day the notice is posted on the Website or one business day after the email is sent.
Please send us an email by using the “Contact Us” link at the bottom of every page of Our Website if You have any questions about these Terms & Conditions.
You can also contact Hummingboard at:
Date Last Updated: June 21st, 2016
If You are accessing, using or browsing this Website on behalf of an individual other than Yourself, which may be either a natural person or an entity other than Yourself:
You represent, warrant and covenant that You are at least age 18;
You represent, warrant and covenant that You are authorized to engage in the activities that You conduct within the Website on behalf of that person or entity other than Yourself, which by way of illustration but not limitation includes the submission and receipt of any and all Personal Information on behalf of that person or entity other than Yourself;
You agree that We can rely on Your representation that You are authorized to engage in the activities that You conduct within the Website on behalf of that natural person or entity other than Yourself; and
Note: The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect.
We may collect and store information about You when You use the service. We use the information to fulfill Your requests, provide the service’s functionality, improve the service’s quality, personalize Your experience, track usage of the service, provide feedback to third party businesses that are listed on the service, display relevant advertising, market the service, provide customer support, message You, back up Our systems and allow for disaster recovery, enhance the security of the service, and comply with legal obligations. We may store information about Your use of the service, such as Your search activity, the pages You view, the date and time of Your visit, and businesses You call using Our mobile optimized website. We also may store information that Your computer or mobile device provides to us in connection with Your use of the Service, such as Your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. You may be able to disallow Our use of certain location data through Your device or browser settings.
You can access and browse some services of the Website at any time without providing Personal Information that can be traced back to You. To use some of its services and access certain areas of the Website, You must provide Personal Information that can be traced back to You, such as full name, street address and zip code, telephone number, email, gender, date of birth, insurance coverage, social history and known health characteristics and medical needs. We collect this Personal Information that You voluntarily provide through the use of online data entry, survey, product purchase and registration forms. Hummingboard gathers most of this Personal Information from You during an initial voluntary User registration process for the Website. Hummingboard also occasionally asks You for Personal Information at other times, including when You complete optional survey forms, fill out optional contact forms for additional information on particular products and services or use a particular service. Accordingly, You can determine to a large extent what Personal Information You wish to submit on a voluntary basis to Hummingboard.
When You register for or update an existing profile on Our Website and mobile Website.
When You use certain interactive tools and services (e.g., “Location” when searching Hummingboard’s database, information you submit when using the Contact Us form);
When You sign-up for newsletters or other communications from Hummingboard;
When You use Our “Messages” service;
When You participate in an online survey; or
When You provide personal information in a community area or other Public Areas.
HIPAA & HITECH
Please note that any personally identify information that you submit to anywhere on this Website at any time is submitted at your own risk. Hummingboard is not liable in any way for any damages resulting from personally identifying information submitted by you to the Hummingboard Website.
We may collect “Non-Personal Information” – information that cannot be used by us to identify or contact You – via Cookies, Web Beacons, Hummingboard mobile optimized Website and from external sOurces, even if You have not registered with or provided any Personal Information to Hummingboard Website. While You may use some of the functionality of Hummingboard without registration, many of the specific tools and services on the Hummingboard Website require that You register with Hummingboard.
Newsletters, Emails & Messages to You
Community, Health Communities, Blogs and Other Public Areas
Hummingboard features several community areas and other Public Areas where users with similar interests or medical conditions can share information and support one another or where users can post reviews on physicians and dentists they have received healthcare from. Our communities are open to the public and should not be considered private. The information that You contribute through the service is intended for public consumption, including Your published reviews, tips, photos, videos, check-ins, comments, supports, alerts and account profile. Other users may be able to identify You, or associate You with Your account, if You include personal information in the content You post publicly. You can reduce the risk of being personally identified by using the computer generated member number (e.g., Member #1234) assigned to Your account upon registration, though doing so could detract from the credibility of Your contributions to the Service. We may display this information through the service, share it with businesses, and further distribute it to a wider audience through third party sites and services.
Please note that any information (including Personal Information) You share in any online community area including a chat room or online discussion is by design open to the public and is not private. You should think carefully before posting any Personal Information in any Public Areas. What You post can be seen, disclosed to or collected by third parties and may be used by others in ways We cannot control or predict, including to contact You for unauthorized purposes. As with any Public Areas on any site, the information You post may also show up in third-party search engines. Please also note that the messages You send or receive using the “Messages” service is only private to the extent that both You and the person You are communicating with keep them private. The content of these messages will become public if for example, You send a message to another user, that user may choose to publicly post it. Also, Hummingboard may access and disclose such messages in the cOurse of investigations relating to use of the service. If You mistakenly post Personal Information in Our community areas and would like it removed, You can send us an email to request that We remove it by using the Contact Us link at the bottom of every page of the Hummingboard Website. In some cases, We may not be able to remove Your Personal Information.
Cookies & Web Beacons
Mobile Optimized Website
When using Hummingboard’s mobile optimized Website on Your mobile device You will be exposed to the Cookies that We use and to third party Cookies that may be contained in advertisements that We do not control and will be unable to delete any of these Cookies with Your mobile device. Therefore, if You do not want to be Cookied when You use Your mobile device You should not use Our mobile optimized Website and You should set Your mobile device to reject Cookies when You use Our mobile optimized Website.
Non-Personal Information Collected by Third Parties Not Acting on Hummingboard’s Behalf
Information collected by Hummingboard about You may be used by Hummingboard to:
Administer Your account;
Provide You with access to particular tools and services;
Respond to Your inquiries and send You administrative communications about the Hummingboard Website or services,
Obtain Your feedback on Our Website and Our offerings;
Statistically analyze user behavior and activity including how frequently areas of the Website are vieWed and how many emails are received and opened,
Provide You and people with similar demographic characteristics and interests with more relevant content and advertisements both on the Hummingboard Website or on other Websites that You visit after You leave the Hummingboard Website; and
Conduct research and measurement activities including those described below.
Send You personalized emails or secure electronic messages pertaining to Your health interests, including news, announcements, reminders and opportunities from Hummingboard; or
Send You relevant offers and informational materials on behalf of Our sponsors pertaining to Your health interests.
Updating/Removing Your Personal Information
If You have registered and desire to delete any of Your Personal Information You have provided to us from Our systems please contact us using the contact information listed below. Upon Your request, We will delete Your Personal Information from Our active databases and where feasible from Our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information You have provided to the Hummingboard Website from Our servers.
Most browser software can be set to reject Cookies, and You can opt out of Cookies for several companies that serve ads on behalf of Hummingboard on the Hummingboard Website and on third party Websites and for companies other than Hummingboard who serve ads for advertisers on the Hummingboard Website, by visiting the Network Advertising Initiative gateway opt-out Website.
Most browser software can be set to reject Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. If You reject Our Cookies, certain aspects of the functions and conveniences of the Hummingboard Website may not work properly but You do not have to accept Our Cookies in order to productively use the Hummingboard Website. It is important to note that in order to use the opt-out services described below, such as the Network Advertising Initiative, You must not reject all Cookies because these opt-out procedures work by placing Cookies on Your browser that enable these opt-out procedures to function. The “opt-out Cookies” are placed, for example, in order to help prevent the placement of Cookies used for the targeting of advertising.
As described above in the section "Non-Personal Information" We work with third party ad networks to display advertising on Our Website and on other Websites on the Internet. Our ad network vendors use technologies to collect non-personally identifiable information about Your activities on Our Website to provide You Cookie-based targeted advertising based upon Your browsing activity and Your interests. The Hummingboard Website does not respond to browser "do not track" signals.
Research and Measurement Activities
Information that Hummingboard collects about You may be combined by Hummingboard with other information available to Hummingboard through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sOurces may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the Hummingboard Website, to Our current or prospective advertisers and other business partners. We do not sell or share any Personal Information with any third parties, except that contractors performing services on Our behalf may be provided access to Personal Information when performing these services. These contractors agree not to use this information for any purpose other than performing services on Our behalf.
We may share Non-Personal Information that We have about You, including about Your browsing activity on Hummingboard, with third party advertising service providers who may use this information, on Our behalf, to help Hummingboard deliver merchandising, marketing and promotional efforts, communications or other services, advertising on the Hummingboard Website as Well as on other sites on the Internet or to improve Our Website. Those third parties may include authorized contractors, consultants and other companies working with Us (collectively, "Agents"). These Agents only have access to Your Personal Information as needed to perform their functions, and they may not use any of Your Personal Information for any other purpose than providing or improving Hummingboard's services and offerings. We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, We may disclose the number of users that have been exposed to, or clicked on, advertisements. Or for example, Hummingboard might tell an advertiser how many males between 20 and 30 years in age have visited the Website over a period of time. In addition, We may disclose Personal Information as described below.
Disclosure To Hummingboard Contrators
Disclosure to Third Party Websites
How To Distinguish Between Advertisements & Editorial Content
Hummingboard believes that it is important for You to easily differentiate between advertising and independent, editorial content on the Website; thus, Hummingboard has developed an Advertising & Sponsorship Policy that explains Hummingboard's approach to ensure that the advertising You see on the Website has no influence on the quality, accuracy or selection of editorial content that Hummingboard provides. Hummingboard clearly identifies all advertising on the Website. When Hummingboard speaks of "advertising" or "advertisements," it refers to all forms of advertising, sponsorships and promotions for which Hummingboard receives compensation. Hummingboard has established guidelines on how it labels advertising so that You will know what is an advertisement and what is editorial content. Hummingboard uses clear and consistent language and visual cues or descriptors to distinguish advertising from editorial content. Please visit the “Advertising & Sponsorship Policy” found at the bottom of every Hummingboard webpage for more details.
We take reasonable security measures to protect the security of Your Personal Information. We have put in place technical, physical, and administrative safeguards to protect the Personal Information that We collect. Despite Hummingboard's efforts to protect Your Personal Information, there is always some risk that an unauthorized third party may find a way around Our security systems or that transmissions of Your information over the Internet may be intercepted. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once We receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. The security of Your Personal Information is important to us. Therefore, while We strive to use commercially acceptable means to protect Your personal information, We cannot guarantee its absolute security.
If You have any reason to believe that Your interaction with Hummingboard through this Site is no longer secure, please immediately notify Us of this problem by using the Contact Us tab at the bottom of every Hummingboard Webpage or with the contact information described in the section “Contact Hummingboard” below.
We are committed to protecting the privacy of children. The Hummingboard Website is not designed or intended to attract individuals under the age of 18. You must be at least 18 years of age to use this Website. The Hummingboard Website does not collect Personal Information from any person We know to be under the age of 18. Although this Website is not intended for the use of anyone under the age of 18, the parent or guardian is solely responsible for providing supervision of the minor's use of Hummingboard Website. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through the Hummingboard Website for the minor. If We become aware that an individual under the age of 18 has provided us with personal information without parental consent, We will take steps to remove such information and terminate the minor’s account. If You become aware that a minor has provided us with personal information without parental consent, please contact us at the contact listed below.
You can also contact Hummingboard at:
Date Last Updated: June 10th, 2016