Legal Notice, Terms and Conditions , Disclaimer
Access to and use of this World Wide Web site (the “WellSpan Specialists Web Site”) is provided subject to these terms and conditions (the “Agreement”), which may be updated by us from time to time. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THIS WellSpan Specialists WEB SITE.
No Medical Advice
The contents of the WellSpan Specialists Web Site, such as information, artwork, text, photographs, graphics, video, audio, pictures, images, information obtained from WellSpan Specialists’s licensors, and other material (collectively, “Content”) contained on the WellSpan Specialists Web Site is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the WellSpan Specialists Web Site!
If you think you may have a medical emergency, contact your health services provider or other emergency service immediately. WellSpan Specialists does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the WellSpan Specialists Web Site. Reliance on any information provided by WellSpan Specialists, WellSpan Specialists employees, agents, contractors, or others appearing on the WellSpan Specialists Web Site at the invitation of WellSpan Specialists, or other visitors to the WellSpan Specialists Web Site is solely at your own risk. The WellSpan Specialists Web Site may contain health or medical related materials which you find sexually explicit or otherwise offensive. WellSpan Specialists, its licensors and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
License and Use of Content
We hereby grant you the right to view and use this WellSpan Specialists Web Site subject to the terms and conditions of this Agreement. The Content is protected by copyrights, trademarks, services marks, patents or other proprietary rights and laws. You may only access and use the Content for personal, non-commercial or educational purposes. You may not modify or use the Content available through the WellSpan Specialists Web Site and its associated Web sites for any other purpose without the express written consent of WellSpan Specialists. Except as provided below, you may not modify, copy, reproduce, upload, republish, post, transmit or distribute in any way Content available through the WellSpan Specialists Web Site and its associated Web sites, including computer software and code. You may print Content on the WellSpan Specialists Web Site for personal, non-commercial or educational purposes only, and you must include any copyright notice originally included with the Content in all copies.
Any computer software or code downloadable or otherwise available from the WellSpan Specialists Web Site (“Software”) is a copyrighted work of WellSpan Specialists and/or its suppliers. Use of the Software is governed by the terms of the applicable license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You will be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Content included on the WellSpan Specialists Web Site have been compiled by WellSpan Specialists from a variety of sources, and are subject to change without notice.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
All media files on the WellSpan Specialists Web Site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files (including, but not limited to, .ra or .rm files) made available for playback on the WellSpan Specialists Web Site without WellSpan Specialists’s express written consent. You may not link directly to any .ram file located on a WellSpan Specialists server, and you should not attempt to “pass-off” any of WellSpan Specialists’s Content as your own work.
As a condition of your use of this Service, you warrant to us that you will not use this Service for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any part of this Service at our sole discretion. You are responsible for material that you send to any “discussion” group available through the Service. The communities and newsgroup discussions on this Service are not guaranteed to be monitored for unacceptable use, nor will any statements made in the communities and newsgroup discussions be authenticated or endorsed by us. In order to maintain an informative and valuable service for you, but one which seeks to avoid the harm that can result from disseminating statements that are false, malicious, violative of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
You may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Service using your account for any purpose.
You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself, including without limitation content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship. You may not post or transmit any message, data, image or program which is indecent, obscene, pornographic, unlawful, libelous, defamatory, scandalous, inflammatory, hateful, racist, threatening, or otherwise abusive.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in a community or news group discussion.
You may not post or transmit any file which contains viruses, worms, time bombs, Trojan horses, corrupted data or any other contaminating or destructive features.
You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not WellSpan Specialists’s intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; WellSpan Specialists reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to multi-level marketing (pyramid) schemes or any other fraudulent activities.
You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose and you must adhere to any applicable policies.
You may not post or transmit any requests for information from others that would constitute a violation of any applicable federal, state, or local statute, regulation or ordinance.
Review of Postings & Uploads
WellSpan Specialists does not and cannot review all communications and materials posted or uploaded to WellSpan Specialists and is not responsible for the content of these communications and materials. However, WellSpan Specialists reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another, or (d) offensive or otherwise unacceptable to WellSpan Specialists. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION REGARDLESS OF THE PERSON OR ENTITY OFFERING SUCH MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION.
By providing links to other sites, WellSpan Specialists or its sponsors do not guarantee, approve or endorse the information or products available at these sites, nor does a framed link indicate any association with or endorsement by the linked site to WellSpan Specialists or its sponsors. Any user may remove any WellSpan Specialists frame by using the “Remove Frame” function at the top left menu of any framed page.
Warranty Disclaimer and Limitation of Liability
The information provided through this Service is for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. THIS SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTHCARE PROVIDER LINKED TO OR ADVERTISED ON THIS SERVICE. Advice received via this Service should not be relied upon for medical or health decisions and you should consult with an appropriate professional for specific advice tailored to your situation. This Service is not a physician or other healthcare provider referral service. This Service does not endorse, and expressly disclaims all responsibility for, the professional qualifications and licensing of, and services provided by any physician or other health provider, including, but not limited to, physicians or other health providers referred to you through services linked to this Service. We and our suppliers assume no responsibility for how you use the information provided through this Service. You should always seek the advice of your physician or other qualified healthcare provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
You acknowledge that there are certain risks inherent to the use of the products, services or Content that may be offered from time to time by WellSpan Specialists on the WellSpan Specialists Web Site (collectively, the “Deliverables”). We and our suppliers make no representations or endorsement about the suitability for any purpose of products and services available through this Service. Although our suppliers or we may update the Deliverables on this Service from time to time, please note that medical information changes rapidly. Therefore, some of the Deliverables may be out of date and/or may contain inaccuracies or typographical errors.
We and our suppliers do not represent, warrant or guarantee the timeliness, validity, completeness or accuracy of Deliverables made available to you for any particular purpose and we do not represent, warrant or guarantee that the Deliverables will be uninterrupted or error-free or that any defects will be corrected. THE DELIVERABLES ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE DELIVERABLES CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SERVICE, LACK OF VIRUSES, WORMS, TIME BOMBS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE.
You agree to indemnify, defend and hold harmless WellSpan Specialists, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing WellSpan Specialists using your service account.
Waiver and Release
You agree that neither WellSpan Specialists, nor its officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the WellSpan Specialists Web Site. You hereby release and forever waive any and all claims you may have against WellSpan Specialists, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of WellSpan Specialists, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of the Deliverables and the WellSpan Specialists Web Site. You expressly agree that use of the Deliverables and WellSpan Specialists Web Site is at your own risk.
Third Party Rights
The provisions of paragraphs 8 (Warranty Disclaimer and Limitation of Liability), 9 (Indemnification) and 10 (Waiver and Release) are for the benefit of WellSpan Specialists and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the WellSpan Specialists Web Site in accordance with this Agreement. You agree to be financially responsible for your use of the WellSpan Specialists Web Site (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Registration and Password
Certain Deliverables, portals or areas of the WellSpan Specialists Web Site may require registration and a password for access. In such event, you are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to notify WellSpan Specialists immediately of any unauthorized use of your registration or password.
No Spam; Damages
WellSpan Specialists will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay WellSpan Specialists liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay WellSpan Specialists’s actual damages, to the extent such actual damages can be reasonably calculated.
Participation in Promotions of Advertisers
Any dealings with advertisers on the WellSpan Specialists Web Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. WellSpan Specialists shall not be responsible or liable for any part of any such dealings or promotions.
Copyright and Trademark Notices
Copyright WellSpan Specialists and/or its licensors, 2000. All rights not expressly granted herein are reserved. WellSpan Specialists is a registered service mark of WellSpan Specialists. You may not use any WellSpan Specialists trademark, service mark, or logo without WellSpan Specialists’s express written consent.
This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to provisions relating to conflicts of law. You agree that any legal action or proceeding between WellSpan Specialists and you for any purpose concerning this Agreement or the parties’ obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Tuscaloosa County, Alabama, United States or nearest jursidiction within Alabama. Any cause of action or claim you may have with respect to WellSpan Specialists must be commenced within one (1) year after the claim or cause of action arises. WellSpan Specialists’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by WellSpan Specialists. This Agreement will inure to the benefit of WellSpan Specialists’s successors, assigns and licensees. WellSpan Specialists may assign its rights and duties under this Agreement to any party at any time without notice to you and thereafter be relieved of any further obligation hereunder.
WellSpan Specialists may deliver notice to you under this Agreement by means of electronic mail, a general notice on the WellSpan Specialists Web Site, or by written communication delivered by first class U. S. mail to your address on record in the WellSpan Specialists Web Site account information, if any. You may give notice to WellSpan Specialists at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
9001 Liberty Parkway
Birmingham, Alabama 35242
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.