Effective Date: 01/08/2024
These Terms of Service (“Terms”) govern your access to and use of the website located at www.humbearmedia.com (the “Site”) and related services (collectively, the “Services”) operated by Humbear Media, LLC (“Humbear Media,” “we,” “us,” or “our”).
By using the Services, you agree to be bound by these Terms, our Privacy Policy, and any Business Associate Agreement (BAA) executed under HIPAA requirements. If you do not agree, you may not use the Services.
1. Services Provided
Humbear Media provides:
- Digital advertising, lead generation, and call center marketing services for healthcare organizations.
- A white-labeled CRM and automation platform, HIPAA-compliant and tailored to behavioral health and addiction treatment providers.
- Consulting, campaign management, and content creation services.
We may update or modify features at our discretion.
2. Eligibility & Accounts
- You must be at least 18 years old and authorized to bind your organization to contracts.
- You agree to provide accurate information during account setup and maintain confidentiality of your login credentials.
- You are responsible for all activity under your account, including that of your employees or agents.
3. HIPAA Compliance & Business Associate Agreement (BAA)
Because Humbear Media may process Protected Health Information (PHI) on behalf of healthcare clients:
- We maintain a HIPAA-compliant platform with safeguards including encryption, role-based access, and audit controls.
- We execute a Business Associate Agreement (BAA) with covered entities and business associates as required under HIPAA and the HITECH Act.
- Compliance is a shared responsibility: while Humbear Media provides a secure and compliant platform, clients are responsible for configuring accounts securely, managing user access, and following their own internal HIPAA policies.
4. Fees, Billing & Taxes
- You agree to pay all fees as set forth in your proposal, order form, or subscription plan.
- Payments are due on the schedule specified (monthly, quarterly, or annual).
- Late payments may result in suspension or termination of Services.
- All fees are exclusive of applicable taxes; you are responsible for payment of sales, use, VAT, or similar taxes.
5. Acceptable Use
You agree not to:
- Use the Services for unlawful, deceptive, or abusive practices.
- Violate HIPAA, California privacy laws, or any applicable regulation.
- Send spam or engage in unsolicited marketing without required consents.
- Upload, transmit, or use content that infringes intellectual property rights or contains malicious code.
- Interfere with the performance or security of our systems.
We may suspend or terminate your account for violations of this Section.
6. Intellectual Property
- All intellectual property in the Site, Services, and underlying technology remains the property of Humbear Media.
- You retain ownership of content and data you provide, but grant us a license to use it solely for providing the Services.
- Feedback or suggestions you provide may be freely used by Humbear Media without obligation.
7. Confidentiality
- Each party agrees to maintain the confidentiality of the other’s non-public business and technical information.
- Exceptions include information that is publicly available, independently developed, or required by law to be disclosed.
8. Warranties & Disclaimers
- The Services are provided “AS IS” and without warranties of any kind.
- Humbear Media does not guarantee specific results such as admissions, conversions, or revenue increases.
- To the maximum extent permitted by California law, we disclaim implied warranties including merchantability and fitness for a particular purpose.
9. Limitation of Liability
- Humbear Media shall not be liable for indirect, incidental, or consequential damages, including lost profits or business interruption.
- Our total liability for claims shall not exceed the fees paid by you to Humbear Media in the six (6) months preceding the claim.
- Claims must be brought within one (1) year after the cause of action arises.
10. Indemnification
You agree to defend, indemnify, and hold harmless Humbear Media, its officers, directors, employees, and agents from any claims, damages, or expenses arising out of:
- Your use of the Services.
- Your breach of these Terms, HIPAA, or applicable law.
- Your violation of third-party rights.
11. Termination
- You may terminate Services by providing notice according to your agreement or subscription.
- We may suspend or terminate Services immediately if you breach these Terms, fail to pay fees, or use the Services unlawfully.
- Upon termination, your access will be disabled, fees due remain payable, and data may be deleted consistent with HIPAA and California law.
12. Governing Law & Disputes
- These Terms are governed by the laws of the State of California, without regard to conflict of law rules.
- You agree to submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California.
- Injunctive relief may be sought to protect intellectual property or confidential information.
13. Notices
All notices must be delivered in writing to:
Humbear Media, LLC
Huntington Beach, California
Email: admin@humbearmedia.com
14. Miscellaneous
- Severability: If any provision is found invalid, the rest remain enforceable.
- Waiver: Failure to enforce a provision does not waive future enforcement.
- Assignment: You may not assign your rights under these Terms without our consent.
- Entire Agreement: These Terms, together with the Privacy Policy, HIPAA/BAA, and any signed Statement of Work, form the complete agreement.