Terms and Conditions

Terms and Conditions of Service from HealthNautica.com

HealthNautica shall provide you web-based services according to the plan fees as agreed between you and HealthNautica. You shall be responsible for signing contracts with clearing houses to submit claims and if HealthNautica signs contracts on your behalf, HealthNautica will pass on those charges directly to you. You shall be responsible for hardware, software, and Internet access needed to access HealthNautica services. In consideration for the service, you shall provide the advertising and other benefits to HealthNautica set forth in this agreement. You agree that at no time will you have any ownership rights to the website or any of the "hot link" thereto. HealthNautica has the right to offer other value added services e.g. billing services from time to time for a fee at its discretion.
All services are subject to modification, addition, or deletion at any time by HealthNautica and prices for Services may vary from time to time. All Services, both current and future, are governed by this Agreement. Some of the Services are provided directly by HealthNautica, and other Services are provided through arrangements with certain third party vendors ("Vendors"). In Vendor transactions, HealthNautica will forward your orders and/or requests for Services directly to the Vendor. The Vendor will communicate directly with you regarding the Services requested, fulfill the request, and directly bill for and collect payments from you. You agree that all transactions between you and any Vendors shall be subject to and governed by the Vendor's terms and conditions, in addition to the Terms and Conditions of this Agreement.
You acknowledge and agree that HealthNautica reserves all of its rights in, title to, and ownership of its intellectual and other properties, and that the authorization provided for under this Agreement does not constitute a sale, grant, license, or other transfer of any ownership rights, title, or interests in, or any rights to control the disposition of, any HealthNautica property, and that HealthNautica is and at all times shall remain the sole and exclusive owner of all of its properties, which include, without limitation, the Site name, design, functionality, look and feel, graphics, audio and video content, informational content, pictorial content, logos, trade secrets (the "HealthNautica Property"). All such HealthNautica Property is protected by state laws, the laws of the United States, and other countries, and as well by international treaties.
You agree to use the Site and Services solely for your own personal, non-commercial use and benefit, and not to sell, resell, possess, exploit or otherwise retain a benefit, commercial or otherwise, from transferring, distributing, licensing, performing or disposing of any HealthNautica Property or Services to third parties. You agree not to copy, modify, edit, adapt, reproduce, republish, upload, transmit, translate, rent, lease, license, loan, timeshare, sell or resell, assign, transfer, sub-license, distribute, publicly perform, publicly display, digitally perform, or create derivative works from, directly or indirectly, in whole or in part, any HealthNautica Property or Services. You agree not to use any of the HealthNautica Property except in accordance with this Agreement.
HealthNautica use of information and data about you is subject to the HealthNautica Privacy Statement. You can request a printed copy of the privacy statement by calling or writing to HealthNautica.
You agree to provide complete, accurate and up-to-date information, including but not limited to, complete and accurate billing information, including a billing address and valid credit card information. By providing HealthNautica with valid credit card information, you authorize HealthNautica to bill your credit card automatically for any and all charges incurred by you in utilizing the Site or Services, including but not limited to billing for the yearly maintenance fees if any. You further agree to update all required information as it changes. HealthNautica reserves the right to suspend or terminate your Subscriber account if HealthNautica determines in its discretion that the information it has received regarding you is false, inaccurate, misleading, incomplete or outdated.
As a Subscriber (Individual and or a Group), you will receive a username and password. You agree not to divulge your username and password to third parties, and to take reasonable steps to ensure that unauthorized persons do not access the Site or its Services. You are responsible for all activities that occur while your username and password are being utilized. You agree to be financially liable for all charges incurred with HealthNautica by any and all individuals who are authorized users, including but not limited to, all group physicians and employees. All payments are due upon receipt.
You agree to be solely and completely responsible for all content posted by you under your username and password. HealthNautica does not control or otherwise monitor the content provided by Subscribers and as a result, is not responsible for the reliability, accuracy or quality of the content posted. You agree not to provide any content to the Site that: (1) violates any law, statute, ordinance or regulation; (2) infringes on any HealthNautica or third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (3) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (4) is obscene or pornographic or contains child pornography; (5) violates any laws regarding unfair competition, anti-discrimination or false advertising; or (6) contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
All HealthNautica’s services not specifically included in a particular plan are available on a free or fee-for-service basis and user should contact HealthNautica for more details. Plans require a minimum term of thirty-six (36) months commitment and termination of an agreement before the term has expired will result in the acceleration of all outstanding monthly payments owed to HealthNautica under the agreement, plus an additional termination fee that is due immediately upon termination.
HealthNautica may terminate this Agreement at any time without cause, in its sole discretion, upon giving you thirty days written notice. In addition, HealthNautica may terminate this Agreement for any of the following reasons: (a) upon a material breach by you of any of the Terms as outlined in this Agreement if such breach continues uncured to the reasonable satisfaction of HealthNautica for a period of thirty (30) days after the delivery by HealthNautica to you of written notice of the breach; (b) immediately upon a breach by you of the Terms and Conditions, if HealthNautica has noticed a prior breach by you; (c) immediately upon the determination by HealthNautica, in its sole discretion, that you are involved in infringing activities, regardless of whether the material or activity in question is later found not to be infringing; (d) immediately, if you violate any federal, state or local law in connection with the use of the Site or Services or HealthNautica Property; and (e) upon thirty (30) days written notice following any failure by you to meet your payment obligations. Termination of this Agreement shall not affect any right; remedy or relief HealthNautica may have, either at law or in equity.
The Site contains hyperlinks to other web sites. HealthNautica offers these links as a courtesy and convenience to you. These sites may gather cookies or otherwise collect personal information about you. HealthNautica is not responsible for the privacy practices or the content or accuracy of these other sites, nor does the Terms or the HealthNautica Privacy Statement cover these other sites. If you decide to navigate third-party Sites by utilizing the links on HealthNautica, you do so at your own risk. To protect your rights and interests, please review the terms and conditions and privacy statements of these third-party web sites.
HealthNautica displays advertisements created by third parties. HealthNautica is not responsible for the content or accuracy of these advertisements. Unless HealthNautica specifically provides otherwise, HealthNautica does not endorse, sponsor or make any other representation about any of the products or services advertised on the Site.
HEALTHNAUTICA PROVIDES ALL SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTHNAUTICA AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CO-BRANDERS AND PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, HealthNautica does not warrant (a) continuous, compatible, uninterrupted, error-free or secure access to information or services, (b) that material contained on the Site is correct, verified, accurate, complete, timely or otherwise reliable, (c) that the goods, products, services or information provided by or obtained through the Site or any Vendor will meet your needs or expectations or will otherwise be fit for any particular purpose, or (d) that the goods, products, services provided by or obtained through the Site or any Vendor will be free of any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree that if you utilize information, goods, products or services from the Site, you do so at your own risk. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth in these Terms. Some jurisdictions do not allow the disclaimer of certain warranties. As a result, some of the above disclaimers may not apply to you.
IN NO EVENT SHALL HEALTHNAUTICA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE SITE OR ANY INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE OR ANY VENDOR (HOWEVER ARISING, INCLUDING NEGLIGENCE). HealthNautica's entire liability and your sole remedy shall be limited to twelve times the monthly plan fee for Subscribers at the time the breach is discovered. Some jurisdictions do not allow the limitation of certain liabilities. As a result, some of the above limitations may not apply to you.
You agree to indemnify and hold HealthNautica, its shareholders, directors, officers, employees, agents, affiliates, co-branders and partners harmless from and against any and all claims, actions, suits, proceedings, demands, liabilities and settlements, including, without limitation, reasonable defense costs and legal fees, that are alleged to result or result from 1) the use of the Site or HealthNautica Services, in any manner that allegedly violates the Terms 2) willful misconduct or negligent act or omission by you or 3) breach by you of any of the representations, warranties, covenants or agreements contained in this agreement.Indemnification under this agreement shall survive termination or expiration of this agreement.
You agree to send all notices of alleged or claimed infringement to:

HealthNautica.com Inc.
1S376 Summit Ave., Court B
Oakbrook Terrace, IL 60181
security@healthnautica.com
This Agreement shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and wholly performed within Illinois between Illinois residents. Both parties submit to jurisdiction in the state of Illinois. The parties expressly exclude the application of the 1980 United Nations Convention on the Internal Sale of Goods (when and if applicable).
Any controversy or claim arising out of or relating to this Agreement or the breach hereof shall be settled by arbitration in accordance with the rules of commercial arbitration of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall occur in DuPage County, Illinois, unless the parties mutually agree to hold such proceeding in another locale. The arbitrator(s) may award attorneys' fees and costs to the prevailing party in any such proceeding. The parties may conduct all discovery permitted under Illinois law.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way, unless such construction would defeat an essential purpose of this Agreement.
You have no right to assign or otherwise transfer, directly or indirectly, by operation of law or otherwise, this Agreement or any of your rights or obligations hereunder. HealthNautica reserves the right to suspend or terminate your account if it determines in its sole discretion that you have attempted to make any such assignment or transfer. HealthNautica may assign this agreement to any of its affiliates or subsidiaries at any time without notice to you.
Waiver by either party to enforce any of the provisions, terms, conditions, or obligations of this Agreement must be in writing. No such waiver shall be construed as a waiver of any succeeding breach of such provision or a waiver of the provision itself. No extension of time for performance of any obligations or acts hereunder shall be deemed an extension of the time for performance of any other obligations or acts.
All notices, requests, demands, and other communications required to or permitted to be given under this Agreement shall be in writing.
This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matters hereof and supersedes any and all prior or contemporaneous, oral or written negotiations, understandings and amendments. HealthNautica reserves the right to modify these Terms. Such changes will become effective immediately upon notice to you. Notice includes, but is not limited to, posting of the modified Terms on the Site or notice by any other means.