BlueHive Terms of Use
BlueHive Terms of Use
The following terms of use constitute an agreement between you and BlueHive Health, LLC., (“BlueHive”) the owner and operator of BlueHive.com and related websites, applications, services, databases and mobile applications provided by BlueHive (collectively, the “Services”). These terms of use (“Terms”) together with our Privacy Policy govern the use of the Services, whether or not you have created an account. These Terms and the Privacy Policy are referred to herein collectively as the “Agreement”. You must agree to and accept all of the terms of the Agreement prior to utilizing the Services. The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. By using this Website you represent and warrant that you are at least 18 years of age and meet all of the foregoing eligibility requirements.
BlueHive’s Services include the ability to access a database of occupational health professionals and providers and related information (the “Database”). The Database is a valuable reference source and is compiled, aggregated, arranged and published by BlueHive. The Database includes demographic and professional information on individual occupational health professionals and providers (collectively, the “Providers”) and occupational health care facilities (the “Facilities”) that provide occupational health services in the United States. The Database, as well as any content, text, data graphics, images, photographs, video, audio, and other materials made available or otherwise found in the Services, is referred to in this Agreement as the “Content”. All Content, including the Database, is owned or licensed by BlueHive.
1. Permitted Uses
BlueHive may only be used for the following purposes (collectively, the “Permitted Uses”):
- For the convenience of employers and individuals in finding occupational health providers and obtaining occupational health services, which may include scheduling appointments for occupational health services, managing financial transactions for those occupational health services, enabling electronic communications between providers, facilities, employers and individuals and storing, accessing and transmitting certain individual and occupational health information.
- For the convenience of Providers and Facilities so that they may list their services, locations, hours and fee schedules, schedule appointments for occupational health services, manage financial transactions for those occupational health services, enable electronic communications between Providers, Facilities, employers and individuals and store, access and transmit certain individual and occupational health information.
- For the convenience of employers, individuals, Providers, and Facilities to review information and research related to occupational health issues.
BlueHive reserves the right and hereby notifies you that it may (1) modify the Permitted Uses at any time; (2) modify or remove the Content at any time; and (3) monitor the use of the Services and this website for compliance with the terms and conditions of this Agreement. BlueHive may block your use of the Services indefinitely should it determine, at its sole discretion, that you are not using the Services for a Permitted Use or in accordance with this Agreement. You may only use BlueHive’s Content, including the Database, and Services for lawful purposes.
2. Intellectual Property Rights
You may not reproduce, modify, distribute, market, display, transfer, sell, rent, lease, loan or republish any portion of the Services or Content, including the Database, for any purpose whatsoever, including any commercial purpose. You may not disassemble, reverse engineer, conduct web scraping or otherwise decompile the Content, including the Database. You may only print, download and store information from the Content for your personal use and convenience in compliance with the Permitted Uses, but that information cannot be sold or exploited for any commercial gain or purpose. You acknowledge and agree that the Database is an original compilation protected by U.S. Copyright Law. You acknowledge and agree that all Content, including the Database, as well as derivative works from such Content, including the Database, is owned by BlueHive or its licensors and protected by United States and international copyright, trademark, trade secret and other intellectual property rights. You acknowledge and agree that the name “BlueHive” and all related names, logos, product and service names, designs, and slogans are trademarks of BlueHive or its affiliates or licensors. You must not use such marks without the prior written permission of BlueHive.
BlueHive may use your company names and logos in case studies, promotional materials, or other write-ups unless you request otherwise.
All product names, logos, brands, trademarks and registered trademarks are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, trademarks and brands does not imply endorsement.
3. Disclaimer as to Choosing a Provider or Facility
The information provided by BlueHive should not be the only determining factor in selecting a Provider or Facility. There are many factors which are important in selecting an occupational health care provider or professional or occupational health facility, many of which are not reflected on BlueHive. The results of any search done by you on BlueHive for a Provider or Facility is based only on geographical location, which location is provided by you and is not based upon any Provider availability, occupational health specialty, third-party payor requirements or employer preference.
BlueHive should only be utilized for locating occupational health providers and should not be utilized as a tool to search, research, locate or identify health care providers or facilities for any health care services other than occupational health services. Therefore, individuals and employers should not utilize BlueHive to locate primary care providers, pediatricians or other non-occupational health providers.
4. Disclaimer as to Medical and Occupational Health Advice, Diagnosis, Treatment
BlueHive does not provide any medical advice, diagnosis or treatment. The Services and Content are not intended to be and do not qualify as the practice of medicine, nursing or other healthcare advice. Do not use the Services or Content for emergency medical or emergency occupational health needs. If you have a medical emergency, immediately call 911 and your healthcare professional.
BlueHive’s Services and Content are for informational purposes only. BlueHive’s Services and Content are not a substitute for (a) the professional judgment of a health care provider or occupational health professional in diagnosing and treating patients, employees or individuals; (b) the treatment of work-related injuries or illnesses; or, (c) any requirements, examinations, surveillance, screenings or testing required by an employer or a governmental entity, such as the Occupational Safety and Health Administration (OSHA), Department of Transportation (DOT) or the Federal Aviation Administration (FAA).
Your use of the Content and Services also does not create a physician-patient relationship or provider-patient relationship. Any occupational health or medical information included in the Services or Content is for informational, scheduling and payment purposes only and comes from independent healthcare and occupational health providers. By utilizing the Services and Content, you assume full responsibility for the use of the information and agree that BlueHive is not responsible or liable for any claim, loss, or damage arising from the use of the Services or Content. Your reliance upon the Content obtained or Services used by you is solely at your own risk. BlueHive shall not be liable to you or others for any decision made or action taken by you in reliance on information contained in the Content or Services.
5. No Endorsement of any Providers, Facilities or Occupational Health Services
BlueHive does not recommend or endorse any specific drugs, tests, health care providers, occupational health professionals, laboratories, pharmacies, products, procedures, opinions or other information that may be included in the Content or provided through the Services. BlueHive does not credential, research or verify the professional qualifications, education, licensure, expertise or quality of work of the Providers or Facilities. The names and logos of the Providers and Facilities in no way imply an endorsement or recommendation by BlueHive. BlueHive may link to the websites of the Providers and Facilities, which is only done for your convenience. You acknowledge and agree that BlueHive is in no way liable for the website of any such Providers or Facilities or the materials contained therein.
Although BlueHive undertakes reasonable efforts to keep the information contained in the Content, including the Database, accurate, BlueHive compiles such information from numerous sources, including public databases. The Providers and Facilities may not have verified the information contained about them in the Content. Therefore, BlueHive does not guarantee the accuracy or completeness of any information contained in the Services or Content, including the Database. BlueHive also cannot guarantee the availability or location of any Provider or Facility.
6. No Responsibility for Payment of Occupational Health Services
You and/or your employer are solely responsible for paying the Providers and Facilities for any occupational health services. You acknowledge and agree that BlueHive has no responsibility and is not liable for the payment of any occupational health or medical services regardless of whether you located the Provider or Facility through the Services and Content. You and/or your employer are also responsible for resolving any payment disputes with any Provider or Facility.
7. Responsibilities of Providers and Facilities
Providers and Facilities should only utilize the Services for the Permitted Uses. The Providers and Facilities shall not use the Services for any anti-competitive, deceptive, unfair, illegal or fraudulent practices. BlueHive has the right to remove or exclude any Provider or Facility from the Database at any time for violation of this Agreement or, if in BlueHive’s sole discretion, the Provider or Facility has engaged in unprofessional, inappropriate, illegal, fraudulent or harmful conduct.
The Providers and Facilities acknowledge and agree that the Services provided by BlueHive are not in any way a substitute for the professional judgment of the Providers. At all times the Providers shall exercise their independent medical judgment when providing occupational health services. The Provider and Facilities acknowledge and agree that they will independently confirm with their patients or employees any information obtained through BlueHive about a patient or an employee before providing any occupational health services. The Providers and Facilities agree that BlueHive has no control over and is not liable for any canceled or unfulfilled appointments, or any injury, damage or financial loss resulting therefrom.
8. Disclaimer of Warranties and Liabilities; Indemnification; Claims
THE WEBSITE, BLUEHIVE.COM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, BLUEHIVE.COM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLUEHIVE NOR ANY PERSON ASSOCIATED WITH BLUEHIVE OR AFFILIATE OF BLUEHIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, BLUEHIVE.COM, OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER BLUEHIVE NOR ANYONE ASSOCIATED WITH BLUEHIVE OR AFFILIATE OF BLUEHIVE REPRESENTS OR WARRANTS THAT THE SERVICES, WEBSITE, BLUEHIVE.COM, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH BLUEHIVE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.
TO THE FULLEST EXTENT PROVIDED BY LAW, BLUEHIVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BLUEHIVE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO BLUEHIVE.COM, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless BlueHive, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services or Content, including the Database.
Any cause of action you may have arising out of or relating to this Agreement or your use of the Services or Content, including the Database, must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred. All matters relating to this Agreement, the Services and the Content, including the Database, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND BLUEHIVE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.
9. Changes to the Agreement
BlueHive may revise and update the Agreement from time to time in its sole discretion. All changes are effective immediately when posted by BlueHive and apply to all access to and use of the Services and Content thereafter. Your continued use of the Services and Content following the posting of a revised Agreement means that you agree and accept all changes.
Effective Date: October 14, 2021