Terms of service

Welcome to the HealthGate site. To use our site you must agree to our Terms of Service. Terms are important and contain legal disclosures that specify permissible uses of the site and Certificate rules that apply when you buy something through the site. Terms are important because we value your trust and loyalty and need consistent guidelines to fairly, consistently and respectfully ensure that the Site is used properly. If you have any questions about these Terms of Service contact us.

We present a “short summary” for your convenience. The full legal disclosure follows.

The Essential Terms Of Service

Informal Short Disclosure Summary
  • Consumer Qualifications. You must be 18 years of age and possess the authority to create a binding legal obligation (payment).

  • Account. You may create an account with a user name and password, the account may only be used by you and you may “opt out” by notifying HealthGate.

  • Certificates. Upon completion of an online purchase, a unique, numbered Certificate may be printed by the consumer for redemption of goods or services by the Doctor, Specialist or Merchant (“Provider”).

  • Value. Certificates are redeemable in full. Certificates may not be used for taxes, tips, prior balances and/or shipping handling. Certificate duplication (reproduction, sale, trade) is prohibited. Certificates unused by the printed redemption date retain purchase price value and may be applied to other products or services offered by the provider.

  • Redemption. Certificate savings expire on the redemption date printed on the certificate, unless an appointment has been documented with the provider beyond the redemption date.

  • Refunds. HealthGate unconditionally refunds unredeemed online purchases within 14 (fourteen) days from the date of purchase.

The Full Fine Print We Must Disclose
Legal Full Disclosure

Acceptance of Terms

HealthGate, LLC (hereafter “HealthGate” or “our”) is a private property based in the USA, located at 1015 Nine North Drive, Suite 400, Alpharetta, GA 30004. HealthGate owns and operates the website www.healthgate.com, including mobile and/or touch versions available now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site will be collectively referred to as the "Site" in these Terms of Service. By using our Site and HealthGate's services through the Site, you (“you” or, “End User”) agree to these Terms of Service (“Terms”), our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time (collectively, the "Terms of Service" or "Agreement"). For purposes of the Terms, “HealthGate” is defined as HealthGate LLC, its affiliates, subsidiaries, and respective officers, directors and employees.

IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY HEALTHGATE SERVICE(S) OFFERED THROUGH THE SITE.

    1. Permitted Uses

    The Site provides “HealthGate Offer” Certificates for sale to the public. HealthGate Offer Certificates for Doctor, Specialist, Merchant or Provider (“Provider” or “Providers”) products and/or services may be redeemed as per Certificate Fine Print and as defined by a Provider in the HealthGate Offer.

    As illustrated in Section 4 below, HealthGate defines a HealthGate Offer as having a value that, when combined with Savings, yields the Price for a Provider product and/or service.

    HealthGate Offer Certificates may be purchased by consumers and exchanged for goods and services from the issuing Provider identified on the Certificate, as modified by The Fine Print. As a condition of your use of this Site, you agree that:

    • You are an individual person at least 18 years of age;

    • You possess the authority to create a binding legal obligation;

    • Your use of this Site will comply with the terms of this Terms of Service agreement.

    Terms of Service are subject to change at any time. Prior edition(s) of these terms are posted whenever changes are implemented. HealthGate site users are responsible for remaining current on terms posted for public information.

    Certificates purchased from HealthGate may or may not be applied, at the election of the Certificate holder, toward a health insurance policy premium or deductible. Further, it is understood that Medicaid, Medicare or Worker's Compensation programs sponsored at the federal or state level may not be petitioned for reimbursement.

    2. Creating an Account

    If you elect to make an online purchase:

    • One account is created for your personal use;

    • The account enables purchases that comply with the terms of the respective offers;

    • Purchases may be made for your use or, when offered, as a gift for another person;

    • You must safeguard the account password and supervise the use of the account and agree that you are responsible for your use (and use by others provided access by you);

    • You may cancel (“opt out”) of your account at any time; contact us to ensure your intentions are executed on the HealthGate site;

    • You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.

    You may create and hold one account that you will manage solely. Your account is non-transferable and may not be sold, combined or otherwise shared with any other person. When you violate this understanding we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed HealthGate Offer Certificates in your account. When you commit fraud or falsify information in connection with your use of the Site or in connection with your HealthGate account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

    If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you.

    3. How it Works

    You are required to create an account to purchase a HealthGate Offer. By placing an order, you agree to purchase the selected Certificate on the terms, restrictions and conditions associated with the offer. Once you have placed an order, you will receive immediate online confirmation of the completed purchase transaction and you will be able to print a uniquely identified Certificate for redemption. At the same time, the purchaser’s credit card, debit card or other payment mechanism will be charged or debited for the amount of the purchase. Your account record with HealthGate permits us to (a) collect information that allows you to pay for your HealthGate Offer and (b) provide you with the capability to print one or more Certificate copies, and (c) view your purchases. All transactions will be conducted using United States dollars as currency.

    4. HealthGate Offers

    HealthGate provides consumers opportunities to purchase certain products and services (each a HealthGate Offer) from third-party providers (each the “Provider”), using a time-limited promotional HealthGate Offer Certificate (a “Certificate”) exchangeable for Provider services during the stated HealthGate Offer redemption period.

    By purchasing, printing, accepting, using or attempting to use any Certificate, you agree to these Terms of Service including Certificate Terms of Sale, the Fine Print identified on the Certificate copy (defined below) and / or any additional specific terms related to the HealthGate Offer at the time of purchase. Terms of Service apply to all Certificates, unless the Fine Print on a particular Certificate states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Certificate, the Fine Print will control, except to the extent prohibited by applicable law.

    5. HealthGate Offer Value

    Each Certificate specifies three values that are defined here (using an example):

    Healthcare Savings Offer (TM)   $500.00 (Purchase Amount, Price)
    Savings + $700.00
    Normal Fee:   $1,200.00

    In the event of discrepancies between Terms of Service and terms within the specific HealthGate Offer, the terms in the Certificate Fine Print prevail.

    Each HealthGate Offer Certificate summarizes the purchase amount, Savings, and Price. Savings represents the difference between the HSO and the Price.

    6. Certificate Terms of Sale

    Unless otherwise stated on the Certificate Fine Print or required by Federal or State law, the following Terms of Sale apply to all Certificates:

    • Certificates cite unique Order ID, Invoice Number, Certificate Number and Date.

    • Certificate value is valid through the redemption period.

    • Certificates are not redeemable for cash.

    • Certificate purchase amount (HealthGate Offer) does not expire.

    • Partial redemption of unused Certificates is not permitted.

    • Certificates may not be combined with other HealthGate certificates.

    • Certificates may not be used for taxes, tips, prior balances and/or shipping or handling.

    • HealthGate and/or Provider are not responsible for lost or stolen Certificates.

    • Duplicate use, sale or trade of a Certificate is prohibited.

    • Unless otherwise stated in the Fine Print, the Certificate price does not include sales, value-added or use taxes, which may be charged to you separately by the Provider at the time you redeem the Certificate.

    7. Redemption Date

    The Certificate savings or promotional value always expires, per state law, on the redemption date referenced on the Certificate. The HealthGate Offer value is valid between the purchase date and the final redemption date, unless the redemption date is extended by means of a documented appointment, agreed to in advance of the final redemption date, with the provider. When the Provider is located in a state where it is permissible for the purchase amount (HealthGate Offer) to expire, the Certificate will expire in accordance with applicable law.

    HealthGate is committed, per its agreement with Providers, to offer and sell HealthGate Offers only during selected redemption periods and always prior to agreement expiration dates with Providers.

    8. Provider Fulfillment

    Per an agreement between HealthGate and a Provider, the Provider agrees to fulfill HealthGate Offers and all goods and services included in HealthGate Offers on or before the Certificate redemption date. The Provider is solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs that caused you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Certificate or not, as well as for any unclaimed property liability arising from unredeemed Certificates.

    HealthGate is solely the issuer of the Certificate for Provider goods or services. You hereby irrevocably waive all rights related to, and release HealthGate and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act of commission or omission of a Provider in connection with your use of a Certificate or the products and/or services it provides in connection with it.

    9. HealthGate Offer Availability

    Some HealthGate Offers are not available for purchase beyond certain geographical and jurisdictional boundaries. HealthGate reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Certificate, the Sites, the Services or any other product or service. HealthGate does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. HealthGate Offer opportunities are limited in number. Any attempt by you to obtain more than the permitted number of Certificates specified for a particular HealthGate Offer, including, without limitation, using multiple or different identities, credit / debit cards, forms, registrations or addresses, will void your purchase and may subject your account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at HealthGate’s sole discretion.

    10. Pricing Information

    HealthGate displays Savings on our Site in connection with each HealthGate Offer. Savings are calculated based upon pricing information given to us by Providers, which may include a Provider’s Normal Price or an estimated price based on standard industry practice. Since the pricing information on which we base our savings may vary, savings information that HealthGate displays may or may not be representative of the prevailing savings in every area, or the industry, or on any particular day.

    11. Refunds

    If you change your mind about a purchased HealthGate Offer, just contact us within fourteen (14) days of your purchase. HealthGate will refund the full purchase amount of an unredeemed Certificate to the purchasing credit/debit card or other payment mechanism used for the purchase transaction.

    HealthGate Offers declare a redemption period within the Fine Print. If you are unable to schedule an appointment with the provider related to your HSO at any time prior to the redemption date, please let us know prior to the stated redemption date. We will make every attempt to satisfy, with the stated Provider, the terms and conditions of the HealthGate Offer.

    When a practice goes out of business before the HealthGate Offer redemption period expires, HealthGate will always honor your request for a refund. Further, when HealthGate learns of a business closure with a Provider, HealthGate will make best effort to contact holders of unredeemed Certificates, if any. In other cases, returns are evaluated on a case-by-case basis. If you have trouble redeeming a Certificate for any reason, please contact us.

    12. Disclaimer of Warranty.

    YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER HEALTHGATE, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PROVIDERS , THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR CERTIFICATES PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTHGATE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

    13. Limitation of Liability.

    EXCEPT FOR ANY ACTS OF FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, IN NO EVENT SHALL HEALTHGATE, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PROVIDERS , PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE. IN NO EVENT WILL HEALTHGATE’S LIABILITY IN CONNECTION WITH A CERTIFICATE OR A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH CERTIFICATE, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

    14. Governing Law and Jurisdiction

    To the full extent permitted by law, this agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, excluding its conflict of law principles. The exclusive jurisdiction for any action relating to this agreement shall be in the courts of the State of Georgia or the federal court located in the State of Georgia should federal jurisdiction requirements exist.

    15. Arbitration

    Any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement or the breach thereof shall be settled by arbitration in Atlanta, Georgia, pursuant to the rules then obtaining of the American Arbitration Association. Any award shall be final, binding and conclusive upon the parties and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The prevailing party in any action instituted under this Terms of Service agreement will be entitled to recover all costs, expenses and reasonable attorneys’ fees incurred in such action.

    16. Personal Information is Private

    Personal information will not be shared with third parties unless HealthGate is explicitly authorized by you, in writing, to do so. However, if you submit personal health stories, they may be shared with the HealthGate online community. For details of the HealthGate privacy statement, please visit www.healthgate.com/privacy-policy.

    17. Terms of Service Revisions

    Terms of Service are subject to change at any time. Prior edition(s) of these terms are posted whenever changes are implemented. HealthGate site users are responsible for remaining current on terms posted for public information.

    Updated: 09/25/2013