The following terms and conditions (“Terms and Conditions”) govern your use of this website (the “Site”), and by accessing, viewing, or using the material on the Site, you indicate that you accept such Terms and Conditions and agree to be legally bound by them.  You acknowledge that, in providing you access to and use of the Site, THC has relied on your agreement to be legally bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.  THC reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.

Proprietary rights

All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, Total Health Care, Inc. and/or Total Health Care USA, Inc. (collectively, “THC”) are the owners of the copyright in the entire content (including images, text and look and feel attributes) of the Site and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. Any commercial use of Site content is prohibited without the prior written consent of THC. Except as indicated, THC owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law.

Authorized use

You may use this Site to transact your personal business matters with us and print out a copy of any website page or content solely for your personal use. You may not erase or alter any copyright or other proprietary notices on any copies you make.  You may not use this Site to distribute anyone else’s copyrighted material, intellectual property or trade secret information without the written permission of the owner.  You will not use this Site in violation of any laws or these Terms and Conditions.

No solicitation or offer

This Site is designed to provide general information about THC, its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.

No medical services or advice

Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between THC and you by reason of your use of this Site or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

Confidentiality cannot be guaranteed

Some website pages may permit you to post communications or send us information.  Unless a website page states information you chose to provide will be transmitted in a secure manner, your communication is not private. You are responsible for any communications you choose to post or information you choose to submit that we have not stated is transmitted by secure means. You assume any and all consequences (including, but not limited to, the possible loss of your privacy) resulting from your transmission of any unsecured information.  To ensure private and personalized attention, you should send your information through Secure Website Services (described below).  You also may contact THC by telephone (313-871-2000) or write us via the United States Postal Service.  Our address is 3011 W. Grand Blvd., Suite 1600, Detroit, MI 48202.

Secure Website Services

Certain online services are available to THC members, providers and employers via secure portions of the Site dedicated to them (referred to as Secure Website Services). The Secure Website Services require a password to log in before accessing information. THC may use and share the information that you provide to us via our Secure Website Services to provide or arrange administrative and professional services. Users of THC’s Secure Website Services should read THC’s Notice of Privacy Practices, which explains in more detail how we use and disclose protected health information.

Users of THC’s Secure Website Services understand that the confidentiality of individually identifiable health information is protected by federal and state law. By using THC’s Secure Website Services you represent to THC that you are either (i) the individual to whom this account pertains, or (ii) legally authorized under applicable law to receive health care information regarding, and to make healthcare decisions for, the individual to whom this account pertains (for example, as the parent, legal guardian or legal custodian of such individual). 

If you register to use THC’s Secure Website Services, you agree to provide us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. For example, you may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. THC reserves the right to refuse registration of or cancel a User ID in its discretion.

Users of THC’s Secure Website Services will establish an account password. To protect your privacy, you alone are responsible to keep your password a secret. Do not give out your password or allow it to be seen or used by anyone else.  Secure Website Services allows you to change your password. We recommend that you use this feature to periodically change your password to better protect privacy.

Collection of personal information (other than protected health information) 

THC may collect and/or track (1) the home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to THC’s website, (2) the e-mail addresses of visitors that communicate with THC via e-mail, (3) information knowingly provided by the visitor in online forms, registration forms, surveys, e-mail, contest entries, and other online avenues (including demographic and personal profile data), and (4) aggregate and user-specific information on which pages visitors access. THC may place Internet “cookies” on visitors’ hard drives. Internet cookies save data about individual visitors, such as the visitor’s name, password, user name, shopping cart, screen preferences, and the pages of a site viewed by the visitor. When the visitor revisits THC’s website, THC may recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. Visitors may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available.

Personal data collected by THC (other than protected health information) may be used by THC for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, or to customize the content and layout of the Site. Aggregate data on visitors’ home servers may be used for internal purposes or provided to third parties such as marketing firms.

Disclaimer of warranty and liability

Use of this Site is entirely at your own risk. Neither THC nor its affiliates are responsible for the consequences of reliance on any information contained in or submitted to the site, and the risk of injury from the foregoing rests entirely with you. These materials are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. THC shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues or lost profits, which may result from the use of, access to, or inability to use these materials.  If you are dissatisfied with any of the THC material, or with any of THC’s Terms and Conditions, your sole and exclusive remedy is to discontinue using this Site.

Corrections and changes

While we endeavor to keep the materials on the Site up to date, THC cannot assume responsibility for any errors or omissions in these materials. THC may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein.

Links to other websites

This Site may, from time to time, contain links to other Internet websites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which THC exercises no control, and THC expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites.

Governing law

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Michigan, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Wayne County, Michigan.

Changes to Terms and Conditions

You agree that THC may change from time to time these Terms and Conditions.  Updated Terms and Conditions will be posted, and by using the Site after the changes have been made, you are agreeing to accept the changes.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and THC with respect to your use of the Site; provided however, if you use Secure Website Services, your use may be subject to additional terms and conditions that are made available upon registration and use of Secure Website Services.   If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect.

April 2014