Welcome, and thank you for your interest in Health Stream Analytics LLC (“Health Stream,” “we,” or “us”) and our website at https://healthstreamanalytics.com/, our heart rate analysis service, along with any related websites, networks, applications, mobile applications, software and other services provided by us (collectively, the “Service”). These Terms of Service (the “Terms”) are a legally binding contract between you and Health Stream regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
2. Health Stream Service Overview. Health Stream provides analysis of heart rate variability and other health data patterns using computer algorithms.
3. No Medical Advice; Disclaimer. Health Stream does not provide medical advice. You acknowledge and agree that the Service and all information made available in connection with the Service are solely for informational purposes and that the Service and content on the Service do not constitute medical advice, and are not intended to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health or treatment thereof in the absence of specific medical advice and clinical diagnosis. Information provided through the use of the Service may not be relevant for an individual’s personal situation. Your use of the Service does not create a patient relationship with Health Stream. You understand that the Service and associated recommendations are intended for research, informational, and educational purposes only, and that while this information might point to a possible diagnosis or treatment, diagnoses should come from licensed medical and/or behavioral health personnel. You acknowledge that Health Stream urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from information you receive from Health Stream. You assume full risk and responsibility for the information you provide, use, or rely on, in relation to the Service. HEALTH STREAM DISCLAIMS ALL LIABILITY RELATED TO CONTENT, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SERVICE, AND AS A RESULT OF, OR IN RELATION TO THE USE OF THE SERVICE. HEALTH STREAM OFFERS OPPORTUNITIES TO DISCUSS TREATMENT OPTIONS AND DOES NOT, AND DOES NOT INTEND TO, PROVIDE MEDICAL OR HEALTH-RELATED SERVICES, ADVICE, OR ACT IN ANY WAY AS A MEDICAL OR HEALTH-RELATED PROVIDER. HEALTH STREAM IS NOT A PRACTITIONER AND IS NOT A MEDICAL ORGANIZATION, HOSPITAL, HEALTHCARE PROVIDER, OR MEDICAL SERVICE PROVIDER.
4. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old and (b) your use of the Service is in compliance with any and all applicable laws and regulations.
5. Ownership; Proprietary Rights. The Service is owned and operated by Health Stream. The graphics, designs, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Health Stream are protected by intellectual property and other laws. All Materials included in the Service are the property of Health Stream or its third-party licensors.
6. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
7. General Payment Terms. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Prices and availability of products or services are subject to change without notice.
You agree that we have permission to provide your payment information to third party payment processors and/or service providers in order to process payments from you.
Health Stream may reject any orders or refuse to provide the Service to anyone for any reason.
a. Limited License. Subject to your complete and ongoing compliance with these Terms, Health Stream grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
b. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to or derivate uses of the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
c. Ownership; Proprietary Rights. The Service is owned and operated by Health Stream. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Health Stream are protected by intellectual property and other laws. All Materials included in the Service are the property of Health Stream or its third-party licensors. Except as expressly authorized by Health Stream, you may not make use of the Materials. Health Stream reserves all rights to the Materials not granted expressly in these Terms
9. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Health Stream an unrestricted, worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable (through infinite levels of sublicense), fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
a. Data Generally. The Service permits users to upload information and device data to the Service.
b. Limited License Grant to Health Stream. You hereby grant Health Stream a non-exclusive, royalty-free, transferable, sublicensable (through infinite levels of sublicense), perpetual, fully paid right and license (with the right to sublicense) to use, copy, distribute, store, and make derivative works of any information and data (“Data”) that you provide to the Service for the purpose of preparing health evaluation reports for you and to anonymize (such that no personal information will be discoverable), aggregate and transform your Data with that of other users into databases for the purpose of research, development, improvement of our AI software, and debugging our Service. Health Stream shall exclusively own such anonymized and aggregated data.
c. Data Representations and Warranties. By uploading Data, you affirm, represent, and warrant that:
i. you are the owner of the Data, or have the necessary rights, consents, and permissions to authorize Health Stream to use and distribute the Data in the manner described above; and
ii. your Data, and the use of your Data as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Health Stream to violate any law or regulation.
11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
c. download (other than page caching) or copy any portion of the Service or Materials or any information contained therein, except as expressly permitted;
d. attempt to determine the identity of any user of the Service or collect or harvest any personally identifiable information, including, but not limited to, company names, domain names or account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes;
e. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
f. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; (iv) attempt to gain unauthorized access to Health Stream’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or (v) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
g. use automated means, including spiders, robots, crawlers, offline readers, data mining tools, or the like to download data from the Site or Service or to cause an overload of Health Stream servers;
h. use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
i. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
j. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials, or resell, lease, or rent the Service or any of the Materials contained therein;
k. any use of the Service or the Materials other than for their intended purpose; or
l. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
12. Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Health Stream Analytics LLC
ATTN: Legal Department (Copyright Notification)
7007 37th Ave NE, Seattle, WA 98115
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512, including:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
(iv) information reasonably sufficient to permit Health Stream to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Any changes or modification will be effective immediately upon posting of the revisions on the Service. Please check these Terms periodically for changes. Your continued use of the Service following the posting of changes or modifications to these Terms will constitute your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using the Services. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
14. Term, Termination and Modification of the Service
a. Term. These Terms are effective beginning when you accept the Terms or first access or use the Service and ending when terminated as described in this Section.
b. Termination. If you violate any provision of these Terms these Terms shall automatically terminate. In addition, Health Stream may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate these Terms at any time by contacting customer service at firstname.lastname@example.org.
c. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer have access to your account; (c) you must pay Health Stream any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, and any of these Terms that by their nature or otherwise reasonably should survive termination or expiration shall survive any termination or expiration of these Terms.
d. Modification of the Service. Health Stream reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Health Stream will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
15. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Health Stream and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Health Stream Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party.
16. DISCLAIMERS; NO WARRANTIES
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HEALTH STREAM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OR PROVIDED FROM THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HEALTH STREAM DOES NOT WARRANT THAT MATERIALS, INCLUDING ANY INFORMATION AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HEALTH STREAM DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR HEALTH STREAM ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HEALTH STREAM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. HEALTH STREAM IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS ACCESSED THROUGH THE SERVICES, THE SITE, OR ANY OTHER PART OF THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
HOWEVER, HEALTH STREAM DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT HEALTH STREAM IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
THE SERVICE AND MATERIALS ARE GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HEALTH STREAM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE SERVICE OR YOUR USE OF, OR YOUR INABILITY TO USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HEALTH STREAM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HEALTH STREAM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO HEALTH STREAM FOR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration
a. Generally. In the interest of resolving disputes between you and Health Stream in the most expedient and cost effective manner, and except as otherwise explicitly stated in these Terms, you and Health Stream agree that all disputes arising in connection with these Terms will be resolved by binding arbitration using a neutral arbitrator instead of a judge or jury. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEALTH STREAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding the foregoing Section, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and Health Stream will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Health Stream. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Health Stream’s address for Notice is: Health Stream Analytics LLC, 7007 37th Ave NE, Seattle, WA 98115; email@example.com. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice of Arbitration is received, you or Health Stream may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Health Stream must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Health Stream will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Health Stream in settlement of the dispute prior to the arbitrator’s award; or (iii) $100.
Any arbitration hearing will take place at a location to be agreed upon in King County, Washington, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Health Stream for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
e. No Class Actions. YOU AND HEALTH STREAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Health Stream agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
f. Modifications to this Arbitration Provision. If Health Stream makes any future change to this arbitration provision, other than a change to Health Stream’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Health Stream’s address for Notice of Arbitration, in which case your account with Health Stream will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
g. Enforceability. If any portion of this Section is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms.
20. Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Health Stream submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We provide the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
21. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
22. Consent to Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of Health Stream at the email address or telephone number you provided, even if that number is on a national or state ‘Do Not Call List’. These calls will be for informational purposes, such as to verify your account or provide you with help or information on using the Service. Standard text messaging and telephone minute charges applied by your cell phone carrier will apply. Health Stream may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. AS LONG AS YOU MAINTAIN AN ACCOUNT, YOU MAY NOT “OPT OUT” OF RECEIVING ACCOUNT-RELATED EMAILS FROM HEALTH STREAM. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while Health Stream processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
23. Consent to Electronic Notice. You agree that we may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent, and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
24. Contact Information. The Service is offered by Health Stream Analytics LLC, located at 7007 37th Ave NE, Seattle, WA 98115. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org. You can access a copy of these Terms by clicking here.
25. Force Majeure. If the performance of any part of these Terms by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.