TERMS OF USE 

These Terms of Use (together with the documents referred to in it) govern your use of the Free Market Health (hereinafter referred to as “Free Market Health,” “we,” “us” or “our”) website, www.freemarkethealth.com, and its affiliated websites including, but not limited to rta.freemarkethealth.com, pharmacy.freemarkethealth.com, and payer.freemarkethealth.com, as well as the websites of our associated products and services, our blogs, and Support Community (collectively, the “Sites”). Use of any of the Sites includes accessing and searching content, browsing, registering, uploading and downloading. 

Please read the Terms of Use carefully before you start to use any of the Sites. By continuing to use any of the Sites you agree to be bound by the Terms of Use and, where appropriate, any other terms or conditions, guidelines or rules applicable to the Free Market Health products and services. If you do not agree with any of the Terms of Use, you must not continue to use any of the Sites. 

OTHER APPLICABLE TERMS 

These Terms of Use refer to the following additional terms, which also apply to the use of any of the Sites: 

Our Privacy Policy, available at https://www.freemarkethealth.com/privacy-policy or upon request, sets forth the terms upon which we may process any personal data we collect from, or that is provided by, you when using any of the Sites. By using any of the Sites you consent to such processing and you warrant that all personal data provided by you to us is correct. 

The use of cookies on our Sites is explained in the Privacy Policy referenced above. 

Free Market Health’s obligations, if any, with regard to its products and services are also governed by any written agreements pursuant to which they are provided, and nothing on the Site(s) should be construed to alter such written agreements unless expressly permitted in such applicable agreement(s). You may be party to a separate written agreement governing use of Free Market Health products, services, solutions, resources, information and/or materials, including content within the Sites, in which case your use is governed by any applicable written and executed agreement in addition to these Terms of Use. In the event of a conflict between any such written agreement and the Terms of Use, the written agreement with Free Market Health shall control. 

CHANGES TO THESE TERMS 

We may revise these Terms of Use at any time, by amending this page. You should check this page from time to time to take notice of any changes that we make; as such changes will be binding upon you. No notice of any changes shall be given. 

USE OF THE WEBSITE 

You may not use any automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, copy or monitor any portion of the Sites, including any content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites, including any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Free Market Health server, or to any of the products, services, solutions or resources offered on or through the Sites, by any illegitimate or unapproved means. 

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Site(s), nor breach the security or authentication measures on the Site(s) or any network connected to any of the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Free Market Health, including any Free Market Health account not owned by you, to its source, or exploit the Site(s) or any solution or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites. 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Free Market Health’s systems or networks, or any systems or networks connected to the Sites or to Free Market Health. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site(s) or any transaction being conducted on the Site(s), or with any other person’s use of the Sites. 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Free Market Health on or through the Site(s) or any product, service, solution or resource offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Sites or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Free Market Health or others. 

ACCESSING THE SITES 

It is your responsibility to ensure that you have made all necessary arrangements in order to access the Sites. For example, we are not responsible for any telephone bills, internet charges or any other costs incurred by you in order to access any of the Sites. 

You are responsible for ensuring that all persons who access any of the Sites through your internet connection are aware of, and comply with, these Terms of Use and the other applicable terms and conditions/policies described herein. 

ACCOUNT AND PASSWORD 

Should you choose or be provided with a user identification code, password or any other piece of information as part of our security, purchasing or downloading procedures, you must treat such information as confidential. Such information should not be disclosed to any third party. 

We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and without prior notice, if in our sole discretion we believe you have failed to comply with any of these Terms of Use or other applicable terms and conditions/policies described herein. 

If you know or suspect that anyone other than you knows of your user identification code and/or password you should immediately change your user identification code or password. 

INTELLECTUAL PROPERTY RIGHTS 

All content, software, data, and intellectual property rights, including but not limited to all know how, concepts and logic found on or relating to the Sites is the property of Free Market Health or its licensors. None of the software, data or content found on the Sites may be reproduced, republished, distributed, posted, sold, transferred or modified in any way without our prior express written permission. All intellectual property including but not limited to trademarks, logos and service marks displayed on the Sites and applicable content are registered by Free Market Health or its licensors and are protected by law. No license, right or interest in any Free Market Health intellectual property is granted to you. 

You may print off reasonable copies of any page(s) from the Sites, limited to such content which are accessible publicly without a user identification code and password, for your own personal use, and you may draw the attention of other users within your organization to content posted on the Sites. 

Duplication or publication of any content that requires a user identification code and/or password is governed by the agreement between Free Market Health and the organization that granted you the user identification code or password. Please contact your organization’s primary contact with any questions related to restrictions on publication of restricted information. If unsure, such information should be treated as restricted and confidential. 

You may quote short portions of publicly available content on the Sites, but not copy substantial portions of the content of an article or webpage on the Sites, provided that (i) you credit Free Market Health at the end of such quote, and (ii) if you publish the quote on a website, you include an attribution link to www.freemarkethealth.com (or other applicable Site) from within such article. 

Should you wish to make use of any of the content on the Sites other than as expressly permitted above, please contact support@freemarkethealth.com to request and confirm valid written permission prior to any such use. 

NO RELIANCE ON INFORMATION 

The opinions expressed by Free Market Health employees promoted within a blog or support forum are the individual's own and do not represent or necessarily correspond to the opinions of Free Market Health. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT OR OTHER DAMAGES OR LOSSES CAUSED OR ALLEGED TO HAVE BEEN CAUSED AS A RESULT OF YOUR USE OR RELIANCE ON SUCH INFORMATION. 

NO WARRANTIES 

WE MAY UPDATE, REVISE AND/OR MODIFY ANY OF THE SITES FROM TIME TO TIME, AND MAY CHANGE THE CONTENT AT ANY TIME. ALL CONTENT ON THE SITES IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS AND MAY NOT BE UP TO DATE. IT IS PROVIDED WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. FREE MARKET HEALTH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND THE CONTENT AVAILABLE ON THE SITES IS AT YOUR SOLE RISK. FREE MARKET HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE SITES IS FREE OF VIRUSES. 

THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. 

LIMITATION OF LIABILITY 

FREE MARKET HEALTH SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES, EVEN IF FREE MARKET HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITES, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITES, OR RELATED INFORMATION OR PROGRAMS. 

IN ADDITION TO THE ABOVE, IF YOU ARE A BUSINESS USER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR ANY INDIRECT LOSSES HOWEVER SO ARISING. IF YOU ARE A CONSUMER USER, NOTE THAT WE ONLY PROVIDE THE SITES TO YOU FOR YOUR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE SITES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND ACKNOWLEDGE THAT WE 

HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. 

UPLOADING CONTENT TO THE SITE(S) AND USE OF THE BLOG 

Whenever you make use of a feature that allows you to upload content to any of the Sites, or to make contact with other users of the Sites you agree that your use and the content you upload shall not: 

  1. a. breach any applicable local, national or international law or regulation; 
  2. b. be unlawful or fraudulent, or have any unlawful or fraudulent purpose; 
  3. c. be for the purpose of harming or attempting to harm minors in any way; 
  4. d. transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; 
  5. e. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. 
  6. f. disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; 
  7. g. submit any information that would identify a patient or any information for which you do not have all necessary consents or authorizations to disclose; 
  8. h. attempt to gain access to other computer systems; 
  9. i. interfere with anyone else’s enjoyment of the Sites; 
  10. j. interfere with or disrupt networks or websites connected to the Sites. 

All content you upload to any of the Sites shall be considered non-confidential and non-proprietary. You represent that you have the authority to upload any such content, and you grant to Free Market Health the irrevocable right to use, copy, modify, publish, perform, transmit and display any such content via any media in accordance with these Terms of Use, and you waive any rights you may have in such content. Subject to all applicable laws and the Free Market Health Privacy Policy, Free Market Health shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason whatsoever. 

We reserve the right to disclose your identity to any third party who claims that any content posted or uploaded by you to the Sites constitutes a violation of their intellectual property rights or of their right to privacy. 

We accept no responsibility, or liability to any third party, for the content or accuracy of any content posted by you or any other user of the Sites. 

We reserve the right to remove any posting you make on the Sites if, in our sole opinion, your post does not comply with these terms of use. 

You further agree: 

  1. a. Not to reproduce, duplicate, copy or re-sell any part of the Sites; 
  2. b. Not to access without authority, interfere with, damage, or disrupt: a. any part of the Sites; 
  3. b. any software used in the provision of the Sites; or 
  4. c. any equipment or network or software owned or used by any third party. 
WARRANTIES AND INDEMNITY 

You represent and warrant that your access to and use of the Sites is and will remain in accordance with all applicable laws and regulations. 

You agree to indemnify and hold Free Market Health, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demand, loss, liability, claim or expense (including attorneys’ fees) made against Free Market Health by any third party due to or arising out of or in connection with your use of any of the Sites.. 

The views expressed by other users on the Sites do not represent Free Market Health’s views, opinions or values. 

LINKING TO THE SITE 

You may link to our home page, provided that you do so in a way that is fair and legal and does not damage or disparage our reputation or take advantage of it. 

You must not establish a link in any such way that suggests a form of association, approval or endorsement with or by Free Market Health where none exists. 

You must not establish a link to the Sites in any website that does not belong to you. 

The Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page. 

Free Market Health reserves the right to withdraw linking permissions at any time and without notice. The website in which you are linking must comply with these Terms of Use in all respects. 

Should you wish to make use of any of the content on the Sites other than set out above, please contact support@freemarkethealth.com. 

THIRD PARTY LINKS AND RESOURCES ON THE SITES 

Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. 

You acknowledge that we have no control over the content of those sites or resources. 

VIOLATION OF THESE TERMS OF USE 

Free Market Health may disclose any information it has about you (including your identity) if Free Market Health determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site(s), or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Free Market Health’s rights or property, or the rights or property of visitors to or users of the Site(s), including Free Market Health’s customers. Free Market Health reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. Free Market Health also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. 

You acknowledge and agree that Free Market Health may preserve any transmittal or communication by you with Free Market Health through the Site(s) or any solution offered on or through the Site(s), and may also disclose such data if required to do so by law or Free Market Health determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Free Market Health, its employees, users of or visitors to the Site(s), and the public. 

You agree that Free Market Health may, in its sole discretion and without prior notice, terminate your access to the Site(s) and/or block your future access to the Site(s) if Free Market Health determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site(s). You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Free Market Health, for which monetary damages would be inadequate, and you consent to Free Market Health obtaining any injunctive or equitable relief that Free Market Health deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Free Market Health may have at law or in equity. 

You agree that Free Market Health may, in its sole discretion and without prior notice, terminate your access to the Site(s), for cause, which includes (but is not limited to) (a) requests by law enforcement or other government agencies, (b) a request by you (e.g., self-initiated account deletions), (c) discontinuance or material modification of the Site(s) or any solution offered on or through the Site(s), or (d) unexpected technical issues or problems. 

If Free Market Health does take any legal action against you as a result of your violation of these Terms of Use, Free Market Health will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Free Market Health. You agree that Free Market Health will not be liable to you or to any third party for termination of your access to the Site(s) as a result of any Free Market Health determination that you violated these Terms of Use. 

VOID WHERE PROHIBITED 

Free Market Health administers and operates portions of the Sites from its location in the State of Pennsylvania, USA; other Free Market Health sites that are part of the Site(s) may be administered and operated from various locations inside and outside the United States. Although the Site(s) may be accessible worldwide, not all features, solutions or resources discussed, referenced, provided or offered through or on the Site(s) are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Free Market Health reserves the right to limit, in its sole discretion, the provision and quantity of any feature, solution or resource to any person or geographic area. Any offer for any feature, solution or resource made on the Site(s) is void where prohibited by law. If you choose and are authorized to access the Site(s) from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. 

APPLICABLE LAW AND VENUE 

You agree that these Terms of Use and your use of the Sites are governed in all respects by the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws. You agree that any dispute concerning the Sites or these Terms of Use shall be subject to the exclusive venue of a court of competent jurisdiction in Pittsburgh, Pennsylvania and waive any objection to such jurisdiction or venue. 

MISCELLANEOUS 

You may not use or export or re-export any content from the Sites or any copy or adaptation of such content, or any solution or resource offered on the Sites, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Other than as provided in a separate written agreement you enter into with Free Market Health or its affiliates, Free Market Health will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Free Market Health’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Free Market Health of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Free Market Health and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. 

QUESTIONS 

If you have any questions about these Terms of Use, please contact Free Market Health at support@freemarkethealth.com. For all other inquiries, please contact Free Market Health through the relevant solution, support or topical Free Market Health Site. 

Last Updated: August 06, 2020 
Reviewed: March 28, 2022