PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
Acceptance of Terms
OnHand (“OnHand”) makes this internet accessible website (“Site”) and related mobile application or mobile accessible website (“App”) (Site and App are collectively referred to as the “System”), including all information, documents, communications, files, text, graphics, software, and services available through the System (collectively, the “Content”) and any products and services, , provided and operated by OnHand through the System (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document, any changes to this document that OnHand may publish from time to time, and any other relevant terms and conditions incorporated by OnHand.
You may not interfere with the security of or otherwise abuse the System or any system resources, Content, and/or Services or networks connected to or accessible through the System. You may only use the System for lawful purposes.
This System, including Content and Services, is directed to those individuals and entities located in the United States where OnHand is offering Content and Services. It is not directed to any person or entity in any jurisdiction where (by reason of location, business decision, nationality, residence, citizenship or otherwise) OnHand is not offering Content and Services or where the publication or availability of the System and its Content and Services are unavailable or otherwise contrary to local laws or regulations. If this exclusion applies to you, you are not authorized to access or use any of the information on this Website. OnHand makes no representation that the information, opinions, or other Content or Services, whether or not through the System, is correct, appropriate, or that the System, Content, or Services are available outside of the United States or outside of OnHand’s specific operating locations. Those who choose to access this System, Content, or Services from other locations do so at their own risk and are responsible for compliance with applicable laws.
Use of Services
The Contents and Services of the System, and the System as a whole, are intended to primarily facilitate education related services, community events, and the like, w as set-forth and defined by OnHand and subject to change by OnHand at any time, in OnHand’s sole discretion. OnHand provides the System for the aforementioned purposes and use outside of this scope is not approved and is strictly prohibited without the express written permission of OnHand. More information on the Services and Content and specific terms and conditions of their individual use may be defined in specific services/products agreements with OnHand and may also be available upon written request to OnHand. Users may use some or all of the features of the Services and Content. ONHAND RESERVES THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES AND CONTENT, AT ANY TIME, IN ITS SOLE DISCRETION.
Services and Content provided by OnHand shall be provided and/or performed with reasonable skill, care, and diligence, however, OnHand is not responsible for, and you agree not to hold OnHand liable for, the actions, information, or work product provided by any other service providers that you may select from OnHand’s System, such as payment processing services. OnHand will use reasonable endeavors to provide Content and/or Services within the reasonable time frame provided by OnHand for each action requested by you; however, it is agreed by you that time is not of the essence. Any time frame provided by OnHand is only an estimate, and accordingly, OnHand does not accept any responsibility or liability, financial or otherwise, in the event that OnHand is unable for any reason to meet the estimated time frame. OnHand shall not be responsible for any failure to provide Content or perform Services, including where such failure was caused by an act of God, act of governmental or any other lawful authority, war, riot, civil commotion, natural disaster, loss of power, or loss of communication channels.
OnHand may provide Content and/or the Services itself, or OnHand may, in its sole discretion, instruct third parties, including independent contractors, to carry out, in whole or in part, any Services or provide any Content. OnHand does not provide any warranties of third party provided Services or Content, and shall not be liable for the Services or Content provided by third parties.
In addition to the Content and Services offered by OnHand, the System may also make available materials, information, products, and/or services provided by third parties, including related healthcare services (collectively, the “Third-Party Services”). The Third-Party Services are governed by separate agreements that accompany such services. OnHand does not monitor or endorse the third parties or the Third-Party Services. OnHand offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services. You agree that OnHand is not responsible for the accuracy or truth of any information you provide to OnHand or any third party, including information about healthcare, logistics, payment processing, or other services you seek, and shall not hold OnHand liable for any direct or indirect damages or any other liabilities arising therefrom. YOU AGREE THAT, WITH RESPECT TO INFORMATION, INCLUDING THIRD PARTY INFORMATION, YOU PROVIDE OR CAUSE TO BE PROVIDED TO ONHAND OR THE THIRD-PARTY SERVICES, YOU WILL NOT HOLD ONHAND RESPONSIBLE OR LIABLE FOR ANY CLAIMS OR DAMAGES, DIRECT OR INDIRECT, OR SEEK TO DO SO.
Your Responsibilities as the Recipient Services
As the recipient of Services, you (i) agree to provide clear and concise requests concerning the Services, including healthcare education or related services, (ii) provide all requested information to OnHand for processing Services in a timely manner, as prescribed by OnHand, and (iii) agree that once your requests for Services are submitted, cancellation or changes to the requests may not be available, and if available may be subject to partial or full priced fees, at OnHand’s discretion.
Registration and Payment for Services
YOU AGREE THAT YOUR USE OF THE SYSTEM, AND ANY SERVICES OR CONTENT PROVIDED BY OR THROUGH THE SYSTEM, IS LIMITED TO YOU ALONE, AND YOU AGREE TO ACCEPT FULL RESPONSIBILITY AND INDEMNIFY, DEFEND, AND HOLD ONHAND HARMLESS FOR ANY LIABILITY OR USE ASSOCIATED WITH ANY THIRD PARTY’S USE OF THE SYSTEM, SERVICES, AND/OR CONTENT UNDER YOU OR ON YOUR BEHALF. YOU AGREE THAT YOUR LIMITED LICENSE GRANTED BY ONHAND TO USE THE SYSTEM IS A NON-TRANSFERABLE LIMITED LICENSE TO USE THE SYSTEM.
Any “Fees” to use portions of the System and its Services are set by OnHand, from time to time, in its sole discretion, and is subject to change without notice. Unless otherwise stated, the Fees do not include taxes or duties of any kind, and all taxes and duties are responsibility of the user.
You agree to pay to OnHand all Fees, as set forth on the Site and/or App, at the time specified on the Site and/or App, or if there is no such time specified, all payments for Fees must be paid as directed by OnHand, or prior to using such portion of the System. If Fees are not paid, Content may not be provided and Services may not be performed. All payments shall be made in full and without any deduction, whether by set-off, counterclaim, discount, abatement, or otherwise, unless you have OnHand’s prior written approval or a valid order from a court having proper jurisdiction. You agree to abide by any terms and conditions applicable to any “Pay My Bill” or payment processing services available through the System, including terms and conditions of any third party payment processing services.
Maintenance and Support
Should you require maintenance and support for your use of the System, or should you have any questions, comments, or claims about the System, please contact OnHand emailing THSCS@texashealth.org
The Marks displayed on or in connection with the System are the property of OnHand or other third parties. You are not permitted to use the Marks without the prior written consent of OnHand or such third party that may own the Marks.
You may not, nor have third party’s on your behalf, copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, reverse engineer, improve, import, export, offer for sale, or sell the System, or any Content or Services of the System, without first obtaining written permission from OnHand, and you agree to assign and do hereby assign to OnHand all rights, title, and interests in any work product or other interests resulting from such actions, including intellectual property developed or derived by or from improvements or derivations of the System attributable to you.
Communications and Submissions
Digital Millennium Copyright Act
OnHand respects the intellectual property of others and will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:
A. For purposes of providing written notice under the DMCA, OnHand has designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to said designated Copyright Agent at the following address:
C/O Foley & Lardner LLP
Attn: Kay Lyn Schwartz
2021 McKinney Ave., Suite 1600
Dallas, Texas 75201
B. If you are a copyright owner or agent thereof and believe that third-party submitted content, including photographs and digital images, (“Third-Party Content”) available through this Site infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to our Copyright Agent, identified above. To be effective, the written notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider 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.
- 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
- 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.
C. If you believe that your Third-Party Content, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or authority under the law, to publish or use the Third-Party Content in your submission, you may submit a written counter-notice, pursuant to the DMCA, to our Copyright Agent, identified above. To be effective, the written counter-notice must include:
- Your physical or electronic signature
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Dallas County, State of Texas, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.
D. If a counter-notice is received by our Copyright Agent, OnHand may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that OnHand may replace the removed Third-Party Content or cease disabling it in ten (10) business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Content, the removed Third-Party Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at OnHand’s sole discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider (such as or including OnHand), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Content infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.
Internet and Viruses
While using the internet and the System, you may encounter various costs, expenses, or technical difficulties which could impact you and your computer equipment. You may also inadvertently receive computer viruses or other malicious files while using the System. OnHand shall not be responsible for such difficulties, viruses or other malicious files encountered during your use of the System or the internet. For these reasons, OnHand recommends that you take every possible precaution to avoid the reception of such difficulties, viruses or other malicious files, including, but not limited to anti-virus software and equipment.
You further agree, represent, and warrant that any actions by you or data or information supplied to OnHand by you shall not be such as will cause OnHand to infringe any intellectual property rights, including patent and copyright, of any third party and shall indemnify, defend, and hold OnHand and its subsidiaries, customers, affiliates, successors, and assigns and their respective directors, officers, employees, shareholders, representatives, agents, and customers from and against any claims, damages (consequential or otherwise), liabilities, causes of action, and losses of any kind whatsoever, including reasonable attorney’s fees incurred by OnHand.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ONHAND OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S CONTENT OR SERVICES ON THIS SITE, THE SYSTEM, AND ALL MATERIALS, CONTENT, AND SERVICES ACCESSIBLE THROUGH THE SYSTEM, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ONHAND MAKES NO WARRANTY THAT (i) THE SYSTEM, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SYSTEM, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM, SERVICES, OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENTS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES, CONTENT, OR THE SYSTEM AS A WHOLE, WILL BE CORRECTED.
THE SYSTEM, SERVICES, AND CONTENT COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ONHAND MAY MAKE CHANGES TO THE CONTENTS AND SERVICES OF THE SYSTEM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES OF THE SYSTEM MAY BE OUT OF DATE, AND ONHAND MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) ONHAND DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES SUBMITTED OR OFFERED BY THIRD PARTY ADVERTISING ACCESSIBLE THROUGH LINKS, INCLUDING ADVERTISING BANNERS, ON THE SITE OR APP; (ii) ONHAND MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTY ADVERTISERS, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTY ADVERTISERS ARE AT YOUR OWN RISK; AND (iv) ONHAND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY SUCH THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT OR COMMUNICATIONS THROUGH ANY PORTION OF THE SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ONHAND ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR APP OR IN CONNECTION WITH ANY SERVICES, CONTENT, COMMUNICATIONS, OR EMAIL AS WELL AS CONTENT OFFERED THROUGH THE SYSTEM.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL ONHAND OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, EDITORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SYSTEM OR ANY SERVICES RELATED TO THE SYSTEM.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ONHAND HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT ANY MOBILE APPLICATION MARKETPLACES, INCLUDING GOOGLE PLAY OR THE APPLE ISTORE, HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP OR SYSTEM AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THE APP OR SYSTEM OR ANY DAMAGES, DIRECT OR INDIRECT, ARISING THEREFROM.
Any failure, forbearance or delay on the part of OnHand to exercise any remedy or right herein shall not operate as a waiver. The failure of OnHand to require your performance of any of the terms, covenants, or provisions herein shall not constitute a waiver of any of the rights herein.
Enforcement of Terms and Conditions