Terms of Use

TERMS OF USE

Healthtree.com is operated as a wholly-owned unit of Tree.com Inc. These Terms of Use will govern your use of Healthtree.com’s products, services and web sites (referred to collectively as the “Services” in this document). Throughout the Terms of Use we refer only to Tree to make reading these Terms of Use easier.


Healthtree.com
C/O Tree.com Inc.
11115 Rushmore Dr.
Charlotte, NC 28277
General Information: 704-541-5351
Customer Service: 704-944-2110
Fax: 704-541-1824
E-Mail: customercare@lendingtree.com

TERMS OF USE AGREEMENT

Please read this Terms of Use Agreement ("Agreement") carefully. By accessing Tree’s Services, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access Tree’s Services.

Your agreement with Tree will also include any additional terms for a particular Service, in addition to this Agreement. Where additional terms apply to a service, these will be accessible for you to read either within, or through your use of, that Service. If there is any contradiction, those additional terms take precedence in relation to that Service.

PRIVACY and SECURITY POLICY

Our highest priority is that you enjoy the experience of visiting this site and to ensure that: your privacy is respected; your information is secure and private; and that any data you provide to us is protected. Any personal information you provide to us is: never shared with any other company, individual or organization without your express consent; held in accordance with data protection legislation; stored in a secure database. Our data security policy operated independently, or in conjunction with our data management partners and sponsor, meets, or exceeds, the requirements of all current Privacy legislation.

Online Privacy Opt-in
Personal information is collected only when you voluntarily register to provide data, receive newsletters, or for other information opportunities. Our policy is to maintain all personal information as confidential and to use it only for the purpose for which it was submitted and to advise you of new developments that may interest you.

Sharing Data
We never share our consumer list with any company or organization nor sell or otherwise disclose any personally identifiable information about you without your express consent. At any time, you may obtain a summary of your information on record with us. You may also request that we destroy any information about you and remove you from our database at any time.

Aggregate Data
As with all servers on the Internet, the computers that deliver the Web pages to you identify your computer by its unique IP address or that of your ISP, such as AOL. The servers automatically record the name of the domain from which you accessed the site and the type of operating system and web browser that you use, noting your preferences and choices.

These data are collected and analyzed to identify broad demographic and psychographic trends. This helps us monitor the appeal and quality of information we publish and ensures that we only provide relevant and useful information to you. Unless you register with us, this information cannot be used to identify you personally.

Cookies
In order to serve you better we may utilize cookies to store information. A cookie is a small piece of data kept on your computer that is used by the browser and that can only be read and understood by our servers. All browsers will work with cookies but you can set your browser to accept or reject them. If your browser rejects cookies you can still access our sites but some features may not be available to you.

Children and Privacy
We encourage parents to spend time with their children online. Under no circumstances do we intentionally collect personal data from any person under the age of 14. If you are under 14, please ask a parent to provide any information requested.

Online Security
If you register or subscribe to any service, for newsletters or promotional offers on this site, all information is safely stored in a secure database that is protected from unauthorized access.

To check if the site that you are visiting is secured, double click the padlock in the lower right side of your browser window (left on a Mac) to view the detail of the security certificate.

Opt-out Information
If you are already registered but no longer wish to receive messages from us, please let Tree know by phone, mail or email.

COMPLETE A REFFERAL FORM
By completing a referral form you agree that all of the information you have provided in your referral form is accurate. You authorize Tree to forward your submitted information to appropriate service companies. You further understand and agree that by submitting a form, you are extending an express invitation to be contacted. You may be contacted by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list.

CREATE AN ACCOUNT/REGISTRATION
By creating an account or otherwise registering with Tree, you hereby understand and agree that you have established a business relationship between you and Tree, the owner of this site. As such, you agree that Tree may contact you using information you provided with information and offers of services available through Tree and any of its web sites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 1999 - 2010 Tree.com Inc and/or its suppliers, 11115 Rushmore Dr., Charlotte, NC 28277, U.S.A. All rights reserved. Healthtree.com is a service mark of LendingTree, LLC. Other product and company names mentioned herein may be the trademarks of their respective owners.

USER GENERATED CONTENT
Healthtree.com may now or in the future allow submission of images, written content and videos submitted by you and other users ("User Submissions") and the publishing on the web site and sharing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Tree to use all patent, trademark, trade secret, copyright or other proprietary rights to enable inclusion and use of the User Submissions in the manner contemplated by the web site and these Terms of Service. You retain all ownership rights to which you are entitled, however, by submitting content to the web site, you hereby grant Tree a worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute, the User Submissions in connection with the web site. You also hereby grant each user of the web site a non-exclusive license to access and use your User Submissions. Tree reserves the right to remove any User Submissions without prior notice and to terminate your access to the web site in the event of any reported, proven or suspected violation of intellectual property law.

DISCLAIMERS AND LIMITATIONS
Tree intends that the information contained in this web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by Tree at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." TREE AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR TREE’S SERVICES IS AT YOUR OWN RISK. TREE AND/OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR TREE’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TREE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY
As a condition of use of Tree’s Services, you agree to indemnify Tree and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of Tree’s Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

LINKS TO THIRD PARTIES
Tree’s Services may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. Tree does not operate or control in any respect any information, software, products or services available on such web sites. Tree's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS
Tree is not responsible for any errors or delays in responding to a registration or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of Tree’s Services, or to any acts or omissions for which you may contend Tree is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Mecklenburg County, North Carolina except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Tree. In any arbitration, Tree will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Mecklenburg County, North Carolina. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND LENDINGTREE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Tree's Services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Tree, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Mecklenburg County, North Carolina. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

OTHER TERMS
This Agreement constitutes the entire agreement between you and Tree and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Tree with respect to the Services. This Agreement shall be subject to and construed in accordance with the laws of the State of North Carolina, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.