Terms Of Use

This web site (“Site”) and App (“App”) the content herein is made available to you conditioned upon your acceptance, without modification, of the terms and conditions contained herein (“Terms of Use”). HealthByRand.com. (“Company”) may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you, your heirs, administrators, executors, successors, and assigns (collectively “User”).  By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations.  If you do not agree to these Terms of Use, do not use this Site or App.

Healthcare Disclaimer

No Medical Advice, recommendation of Treatment or Doctor/Patient relationship is established or conveyed to the User, by their use of this site or app, but rather, this site/app acts as an information resource only, and is not to be used or relied on for any diagnostic or therapeutic purposes. This information is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional medical diagnosis and treatment.

Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition. HealthByRand.com expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. HealthByRand.com does not endorse specifically any test, treatment, physicians, products, procedures, opinions, or other information mentioned on the site.  Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by HealthByRand.com, HealthByRand.com employees, others appearing on the Site/App at the invitation of HealthByRand.com, or other visitors to the Site is solely at your own risk.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children. This site is intended to be used by those 18 years of age and older. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.

Copyright Disclaimer

© Copyright 2021 HealthByRand.com   All rights reserved.

This website and app, and the information contained herein, including, but not limited to, all product or other names and logos, regardless of whether or not they appear in large print or with the a trademark symbol, are trademarks of HealthByRand.com, its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted as are the layout, names and logos, text, illustrations and design are the property of HealthByRand.com and is protected from unauthorized copying and dissemination by United States copyright law, trademark law and other intellectual property laws.  Nothing contained on this website should be construed as granting any license or right to use any such marks or copyrighted material and no part of this website or the information contained therein may be reproduced, stored in a retrieval system, transmitted or retransmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of HealthByRand.com

Section 1. Use Restrictions.

The contents posted by the HealthByRand.com on this Site/App, such as text, graphics, images and other material (“Materials”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of HealthByRand.com or the copyright owner. HealthByRand.com authorizes you to view and download a single copy of the Materials on the Site solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited.

By agreeing to these Terms of Service, you represent that you are at least 18 years of age in your state or province of residence.

If you violate any of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials.

You may not, without the HealthByRand.com’s permission, “mirror” any Materials contained in this Site or any other server. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The Site may only be used for lawful purposes and in accordance with by these Terms of Use. Activities including, but not limited to, tampering with the Site/App, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.

Users are prohibited from violating or attempting to violate the security of the Site/App, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of HealthByRand.com or to the Site. Sending unsolicited and unauthorized e-mail on behalf of Company, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Company or generally publicly available browsers.

HealthByRand.com reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.

Section 2. Company's Liability.

The Materials may contain inaccuracies or typographical errors. HealthByRand.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Site and the Materials. Your use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time without prior notice.

HEALTHBYRAND.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HealthBYRAND.COM IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE/APP AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HealthBYRAND.COM AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. HealthBYRAND.COM AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Section 3. Limitation of Liability and Disclaimer of Consequential Damages.

IN NO EVENT SHALL HealthBYRAND.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HealthBYRAND.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Section 4. Privacy and Protection of Personal Information.

See our Privacy Policy at www.healthbyrand.com incorporated herein by reference, for disclosures relating to the collection and use of information that personally identifies you (“Personal Information”).

Section 5. User Submissions.

HealthByRand.com does not claim ownership of any material, information or idea a user provides to HealthByRand.com (including feedback and suggestions), or post, upload, input or submit (“Posting”) to this Site by any means (“Submissions”). Any Submission, however, will be treated as non-confidential and non-proprietary, and may disseminated or used by HealthByRand.com or its affiliates for any purpose whatsoever. If you submit any business information, idea, concept or invention to HealthByRand.com by email, you agree such submission is non-confidential for all purposes.

By Posting your Submission, you automatically grant HealthByRand.com a royalty free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such Submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Notwithstanding the foregoing, all Personal Information provided to HealthByRand.com will be handled in accordance with our Privacy Policy.

To protect your privacy, you should not submit any information that contains Personally Identifiable Information (like name, phone number, email address) regarding your personal situation, as HealthByRand.com cannot protect the confidentiality of your personal health care information in such circumstances.

Please note that posts to Site forums and blogs are viewable by the public and discoverable by search engines. When using our forums and blogs, some of your personally identifiable information (only if provided by you) such as your first or last name, might be displayed, making your information no longer private. Please bear this in mind when creating a user name and when posting using a first and/or last name.   Furthermore, the opinions and comments of users do not represent the opinions of HealthByRand.com. HealthByRand.com does not screen or assume liability for any of the user-generated content on the website. 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. HealthByRand.com   does not endorse or encourage the use of non-FDA approved products, services or treatment.

Section 6.  No Agency.

No agency, partnership, joint venture, employer‑employee or franchiser‑franchisee relationship is intended or created between you and Company or its officers, directors, employees, agents under this Agreement or otherwise. Your use of this Site does not constitute a business relationship or association between parties and is not to be construed as such.  Likewise, the information contained on this site is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.

Section 7. Indemnity.

You agree to defend, indemnify, and hold harmless HealthByRand.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site/App or the Materials on the Site/App or your breach of these Terms of Use. HealthByRand.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 8. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not located in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

Section 9. Links to Other Sites.

The Site may contain links to third party web sites (“Linked Sites”). These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement by HealthByRand.com of such Linked Site, or any association with its operations. HealthByRand.com is not responsible for the content of any Linked Site and does not make any representations regarding the content or accuracy of materials on such Linked Sites. HealthByRand.com is not responsible for any transmission received from any Linked Site, nor is HealthByRand.com responsible if the Linked Site is not working appropriately. If you decide to access a Linked Site, you do so at your own risk.

Section 10. General.

This Site/App is physically based in a secure server enclosure, in the Reykjavik, Iceland. HealthByRand.com makes no claims the Materials are appropriate or may be downloaded outside of the Iceland. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the Iceland, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms of Use shall be construed in accordance with the substantive laws of the Reykjavik, Iceland, without giving effect to the principles of conflict or choice of law of such state. Each User hereby consents to the exclusive jurisdiction and venue of courts in Reykjavik, Iceland, in all disputes arising out of or relating to the use of this website/app or service provided under this Agreement. The original of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or to have this Agreement written in any language other than English.

If any provision contained herein 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 set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and HealthByRand.com with respect to the use of the Site/App. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of HealthByRand.com to be binding on HealthByRand.com. Notwithstanding the foregoing, HealthByRand.com, at its sole discretion and without notice, may revise these Terms of Use at any time by updating these Terms of Use

If you are dissatisfied with this Site/App, its content or Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Site.

PRIVACY POLICY

HealthByRand.com is committed to protecting your privacy. It is important for you to understand that it is not mandatory for you to provide your personally identifiable information or personal healthcare information and other possible information about you to use or visit www.healthbyrand.com.

During your visit to our website, remember that the medical and health information presented here is intended to be general in nature, and should not be viewed as a substitute for professional advice. Please consult with a health care professional for all matters relating to personal medical and health care issues.

To protect your privacy, you should not submit any information that contains personal healthcare information or personally identifiable information (like name, phone number, email address) regarding your personal situation, as HealthByRand.com cannot protect the confidentiality of your personal healthcare information or personally identifiable information in such circumstances. Any personal healthcare information or personally identifiable information submitted is done so at your own risk.

Certain health and medical information about you is protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law. This information may be provided by you online or offline, or may be collected by us from other methods such as through a health care provider. We protect covered health and medical information as we may be required by HIPAA and applicable state law. Similarly, we may use covered health and medical information as permitted by HIPAA and applicable state law.

To read more about our privacy practices regarding health and medical information under HIPAA, please read below. In the event of any conflict between our HIPAA Notice of Privacy Practices and this Website Privacy Statement, the terms of our HIPAA Notice of Privacy Practices shall control.

We will not collect your personally identifiable information unless it has been clearly provided by you. If you decide to sign up to any tools (newsletters, alerts, apps, participate in games, polls, sweepstakes or other activities, participate in forums or blogs, social media, etc.), you will need to provide your personally identifiable information to us along with your clear consent for us to use it.

As we do not control third party websites to which we provide links, the collection and use of your personally identifiable information by such websites shall be subject to the policies and procedures of those third party websites

HealthByRand.com does not sell, rent, release or trade personal customer information to outside parties. HealthByRand.com reserves the right to disclose information if necessary to comply with any legal proceedings.

HealthByRand.com does not sell or distribute healthcare information, but may utilize anonymously submitted health data you give voluntarily for surveys, research projects or data collection.

HealthByRand.com's web site may use “cookies” to store information about a visit to its web site. Cookies are text files stored on your computer which can retain small pieces of information between visits to the web site. This way, your personal preferences may be retained between visits. Most web browser software can be configured to refuse cookies or to notify you when a web site attempts to send you a cookie.

As clearly stated in our terms of use, this site is not intended to attract children. If you are 18 years of age or under you should leave this site immediately. We do not knowingly collect any data for anyone under the age of 18 years of age.

HealthByRand.com reserves the right to make changes to its privacy policy without prior notice. Announcements of such changes will be displayed on this web site.

HealthByRand.com

Notice of HIPAA Privacy Practices THIS NOTICE DESCRIBES HOW CERTAIN MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.   To the extent we request and obtain any personal healthcare information (“PHI”) about your medical history and current health that may be protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law, this Notice of Privacy Practices explains how that information may be used and shared with others. It also explains your privacy rights regarding this information.

Under HIPAA, certain parties that obtain PHI entities are required by law to abide by the terms of this Notice, to make sure that information that identifies you is kept private, and to provide this Notice of our legal duties and practices with respect to PHI about you. We are also required to notify you in the event there is a breach of your health information.

Uses and Disclosures of your Health Information We may use PHI to carry out treatment, payment and health care operations.

• Treatment is the provision, coordination or management of health care. For example, we may use and disclose your information to consult with a third party or to refer you to other health care providers.
• Payment includes the activities necessary to obtain reimbursement for the provision of health care. For example, we may need to give your health plan information about treatment you received so your health plan will pay us or reimburse you for the treatment.
• Health care operations include the activities necessary for HealthByRand.com to run its business operations. For example, we may use your information to review treatment and services and to evaluate the performance of our staff.

We may use or disclose your health information:

• When required by federal, state, or local law.
• To support public health activities by reporting as required or authorized by state or federal law. These reports may include the reporting of exposure to a communicable disease or risk of spreading a disease or condition.
• To cooperate with law enforcement officials for certain law enforcement purposes as directed by a court order, warrant, criminal subpoena, or other lawful process.
• To report abuse or neglect.
• To support health oversight activities that are authorized by law, such as administrative or criminal investigations, inspections, licensure or disciplinary actions and other similar activities necessary for appropriate oversight of government benefit programs or functions.
• When required by a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death or other duties as required by law.
• When necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public and the disclosure is to a person reasonably able to prevent or lessen the threat, as consistent with applicable law and standards.
• For judicial or administrative proceedings, in response to a valid court order, administrative order, a grand jury subpoena, or with your written consent.
• For research purposes, with your written authorization or as permitted by law.
• To business associates to perform functions on HealthByRand.com’s behalf, if the business associate has signed an agreement to protect the confidentiality of the information.

We may disclose your health information to a family member, other relatives, or a close friend or any other person you identify if the information relates to that person’s involvement in your health care if you consent to such a disclosure. If you are unable to agree or object to the use or disclosure, we may disclose such information as necessary if we determine that it is in your best interest.

We May Use or Disclose Your Health Information for Other Purposes Only With Your Authorization Your written authorization to use and disclose your health information is required in order for us to:

• Use and disclose psychotherapy notes containing your health information (to the extent we hold any).
• Send marketing communications to you. If we will receive payment for making a marketing communication, we will state this in the authorization.
• Receive payment in exchange for your health information.

In addition to the above situations, any other uses and disclosures of your health information not described elsewhere in this Notice will be made only with your prior written authorization.

Patient Rights Inspect and obtain a copy of your health information. You have a right to inspect and obtain a copy of your health information that is used to make decisions about your care for as long as HealthByRand.com maintains the information. You may request an electronic copy of this health information that we maintain electronically. This right does not apply to certain health information, including information compiled in reasonable anticipation of or for litigation. Requests for access to health information should be made in writing to the HealthByRand.com Privacy Office. You may also ask us to provide a copy of this health information to another person. In that case, your written request must be signed by you, must clearly identify the person to whom you want us to send the copy of your health information, and must state where the copy is to be sent. If access is denied, you will be provided with a written explanation that sets forth the basis for the denial, a description of how you may review those rights and a description of how you may complain.

Request an amendment. You have the right to request that HealthByRand.com amend your health information if it is incorrect or incomplete. Requests for amendment of information should be made in writing to HealthByRand.com, Privacy Office, and you must provide a reason that supports your request to have the information changed. HealthByRand.com may deny your request for an amendment if the request is not in writing and submitted to the Privacy Office. In addition, we may deny your request if you ask us to amend information that: (a) was not created by HealthByRand.com (unless the person or entity that created the information is no longer available to make the amendment); (b) is not part of the medical information kept by HealthByRand.com; (c) is not part of the information you would be permitted to inspect and copy; or (d) is accurate and complete.

Receive an accounting of disclosures. At your request, HealthByRand.com will provide you with an accounting of disclosures by HealthByRand.com of your health information during the six years prior to the date of your request. However, such accounting will not include certain disclosures, such as those made: 1) to carry out treatment, payment or health care operations; 2) directly to you or your personal representatives; or 3) based on your written authorization. If you request more than one accounting within a 12-month period, HealthByRand.com will charge a reasonable, cost-based fee for each subsequent accounting. Requests for a request of an accounting of disclosures should be made in writing to HealthByRand.com, Privacy Office.

Request communications by alternative means or at alternative locations. You may request, and we will accommodate, any reasonable written request for you to receive PHI by alternative means of communication or at alternative locations. You must request confidential communications in writing.

Request a general restriction. A general restriction is one that restricts or limits our use or disclosure of your health information. To request a general restriction, you must identify in this request: (i) what particular information you would like to limit, (ii) whether you want to limit use, disclosure, or both, and (iii) to whom you want the limits to apply. We will consider your request but are not required to agree. We have the right to terminate the restriction if: (i) you agree orally or in writing to terminate the restriction, or (ii) if we inform you of the termination, which becomes effective only for your health information created or received after we inform you of the termination.

Request a plan restriction. A plan restriction is one that meets the following three conditions: (a) it is to restrict disclosure of your health information to a health plan for purposes of payment or health care operations; (b) the health information relates solely to a health care item or service for which you, or someone on your behalf, has paid us in full; and (c) the disclosure is not otherwise required by law. If you wish to request a plan restriction, you must do so separately for each service visit, and must make your request at the HealthByRand.com before your visit. Otherwise HealthByRand.com will automatically submit the claim to your health plan on record, if any, for payment. We will not agree to a plan restriction unless we have first received payment in full for the item or service. We will also not agree to a plan restriction if by law we are required to submit your health information to the plan. If we do agree to a restriction, we will not apply the restriction in the event of an emergency.

Obtain a copy of this Notice. To obtain a paper copy of this notice, contact the HealthByRand.com Privacy Office.

Exercise right through a personal representative. You may exercise your rights through a personal representative as permitted or required by applicable law. Your personal representative may be required to produce evidence of authority to act on your behalf before that person will be given access to your information or allowed to take any action for you.

Complaints. If you desire further information about your privacy rights, are concerned that we have violated your privacy rights, or disagree with a decision that we made about access to PHI, you may contact our Privacy Officer. You may reach our Privacy Officer at the contact information provided below. You may also file written complaints with the relevant local, state, national, or international privacy agency. We will not retaliate against you if you file a complaint with us or any governmental agency.

HealthByRand.com Duties

This Notice is effective beginning August 1st, 2021. However, HealthByRand.com reserves the right to change its privacy practices and this Notice, and to apply the changes to any health information received or maintained by HealthByRand.com prior to the date of the changes. If the terms of this Notice are changed, a revised version will be available upon request and will be posted in a clear and prominent location. You may access the notice by visiting our website at: www.HealthByRand.com

Complaints, Questions, and Requests

You may direct your questions about this Notice or Health By Rand privacy practices, requests regarding your information, or other privacy or confidentiality concerns to:

HealthByRand.com

[email protected]