IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THIS WEBSITE OR ADVICE OBTAINED THROUGH THIS WEBSITE. THIS WEBSITE DOES NOT CONTAIN MEDICAL ADVICE AND WE DO NOT MONITOR THIS WEBSITE OR COMMUNICATIONS FROM THIS WEBSITE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES.
Please read this agreement carefully before using this website (“Sites”). By accessing or using the Sites in any way, including, without limitation, browsing the Sites, using any information available through the Sites, and/or submitting your personal information to ADH, you agree to and are bound by the terms, conditions, policies and notices contained on this page (“Terms”), including, but not limited to, conducting any transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New Jersey law.
1.1 All contents, text, graphics, logos, information, materials, audio, images, digital downloads, data, compilations, and software, if applicable, included on the Sites are the property of ADH. ADH and Allied Health Management Services Organization (“AHMSO”) and their respective logos are trademarks of ADH and AHMSO, respectively. ADH and AHMSO trademarks and trade dress may not be used in connection with any product or service that is not ADH or AHMSO, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ADH or AHMSO The Sites contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Sites and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). ADH grants you a limited license to access and make personal use of the Site in accordance with these Terms. You are only permitted to use Content as expressly authorized herein or in writing by ADH. Neither these Terms nor your use of the Sites transfers any right, title or interest in the Sites or the Content to you, and ADH and its third party licensors retain all of its and their respective rights, title and interest to the Site and Content.
- Except as provided in these Terms, you may not use, modify, republish, copy, frame, print, display, perform, reproduce, summarize, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Sites, in whole or in part, without the express permission of ADH.
- The Sites are available worldwide to anyone with Internet access. However, the Sites may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on the Sites does not imply that such product or service is or will always be available in your location. The Content and the Sites is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
- Certain product, service, or company designations for organizations other than ADH may be mentioned in the Sites for identification purposes only. Any third party trademarks, trade names, logos, product or services names contained on the Sites are the trademarks, registered or unregistered, of their respective owners.
- Nothing contained in these Terms shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
2.1 Except as indicated to the contrary elsewhere on the Sites, you may view, copy, retransmit and print the Content available on the Sites subject to the following conditions:
- The Content shall be used solely for personal, informational, or internal business purposes;
- The Content shall not be provided, sold, licensed or leased (nor is access provided to the Content) to you or by you to any third party for any fee or other considerations;
- All copyright, trademark and other proprietary rights notices included in the Content as presented on the Sites shall appear on all copies;
- The Content shall not be modified or altered in any way; and
- No graphics are used separately from accompanying text.
- You may also link or hyperlink to the home page of the Sites, but only if:
- You do not frame a Site or any portion of a Site;
- The hyperlink to a Site is not used in a way that suggests that ADH endorses you or your website;
- The link to a Site is not used or presented in any way that disparages ADH or tarnishes, blurs or dilutes the quality of ADH’s names or trademarks or any associated goodwill; and
- The link to a Site is not displayed on any web page that displays objectionable content or links, including but not limited to, any content or information that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property or proprietary rights; or (iv) violates or encourages others to violate any applicable law.
In using the Sites, you agree that you shall not:
- Delete, modify, hack, attempt to change or alter, sell, rewrite, redistribute, or use for any commercial purposes any of the Content or the Sites;
- Use any device, software or routine intended to damage or otherwise interfere with the proper functioning of a Site or servers or networks connected to a Site, or take any other action that interferes with other parties’ use of a Site;
- Use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on a Site for purposes other than for a generally available search engine;
- Use any ADH names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
- Use any material or information, including text, images or photographs, which are made available through a Site in any manner that infringes any copyright, trademark, patent, trade secret, rights of publicity or other proprietary right of any party or remove any copyright notices from Content;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, denial of service attacks, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise defraud or create false results from any executable code, or information on or received by the Sites; or
- use the Content or the Sites in an unlawful way or for an unlawful or illegitimate purpose, or in any manner inconsistent with these Terms.
Forums and Public Comments
In the event there are opportunities for public comment on the Sites, including blogs, testimonials, and other forums (“Forums”), these comments offer an opportunity for communication and information sharing among a variety of participants. The following are guidelines for adding public comments. Please take a moment to read these guidelines for participation. These guidelines apply both to content and hyperlinks to external sites posted by Forum contributors.
- When participating in the Forums, please share your thoughts politely and constructively and in a climate of mutual respect. User generated content that is abusive, vulgar, racist, slanderous, harassing, misleading, irrelevant, or otherwise objectionable, or any comment that calls for unlawful or illegal behavior or might result in harm to others is strictly prohibited.
- User comments do not represent the professional advice or opinions of ADH or its personnel. The results of any actions you take based on the comments available in the Forums are your responsibility alone. You are solely responsible and liable for all activities conducted by you in connection with the Forums and for the content of your comments.
- Users are solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. If you violate these Terms, you may have your access to the Forums suspended and may permanently be banned from using such Forums. In the event that any user has concerns that posted information is objectionable, the user is encouraged to contact the ADH Privacy Officer, whose contact information is available at the end of the Notice of Privacy. ADH reserves the right, but shall not be obligated, to remove any comments, posts, graphics, videos, photos, or any other content transmitted to a Forum by you if such content violates these Terms, in ADH’s reasonable discretion, including for the following prohibited content:
- Any message, data, code or software that would violate the proprietary rights of ADH or others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, or use any trademarks or service marks in an infringing fashion.
- Photos or video of any third party without their express permission. By uploading, transmitting or posting any photo or video on a Site or Forums, you warrant that you have express permission from all persons appearing in the media.
- Any materials, data or media that includes your personal health information (“PHI”) or the PHI of any third party.
- Any advertisements or solicitations of business, chain letters or pyramid schemes, or to upload, post, or transmit the same posting more than once.
- ADH has no obligation to monitor any Forums on the Sites. However, ADH reserves the right, but not the obligation, to review, modify, distribute, remove or delete any post at any time. ADH also reserves the right at all times to disclose any information posted, uploaded, or transmitted on the Forums as ADH deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
By uploading, transmitting or posting any content to the Forum, you grant ADH a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part for any purpose. You also certify that any person appearing or referenced in the transmitted or posted content on the Forum has authorized ADH to use copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part for any purpose. ADH is not obliged to maintain back-up copies of any material submitted or posted on the Forums. You agree to indemnify ADH and its employees, affiliates, and directors from any and all claims and losses, including attorneys’ fees, arising from the transmitted or posted contents on the Forum and any breach of this Section.
Modifications to Terms
ADH may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of a Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.
Termination or Modifications to Site
ADH reserves the right to modify or terminate the Content, Site, or portions of the Sites, or your access to the Sites, at any time, temporarily or permanently, with or without notice to you.
All sections of these Terms which shall by their very nature should survive termination shall survive any termination of these Terms. ADH may also impose limits on certain features, restrict your access to parts or all of a Site, or charge fees for access to portions of a Site without notice or liability. You acknowledge and agree that ADH will not be liable to you or any third party in the event that ADH exercises its right to modify or terminate access to the Sites or portions of the Sites.
ADH will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the law as required. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our Privacy Officer using the contact information provided at the end of this Section. When notifying ADH of the alleged copyright infringement, please include, in accordance with the law, all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
- identification of the copyrighted work alleged to have been infringed;
- a description of the material that is claimed to be infringing and information sufficient to locate the material on the Sites;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- a statement that the complaining party has a good faith belief that the 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 the copyright owner’s behalf.
If material is believed in good faith by ADH to infringe a copyright or otherwise violate any Intellectual Property Rights, ADH will remove or disable access to any such material.
Privacy Officer Contact Information:
Relationship to Other Terms, Sites, Content, Products and Services
10.2 As a convenience to you, the Sites may provide links to websites and access to content, products and services of third parties, including without limitation, ADH’s affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). All Linked Sites are provided only because they may be of interest to Site users. Information and views contained in Linked Sites are not adopted by ADH.
Our goal is to provide complete, accurate, up-to-date information on our Sites. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Sites may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. ADH therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
No Investment Advice; Forward Looking Information
Nothing on the Sites constitutes investment advice. Any stock prices provided on the Sites are not official market quotations and are not to be considered a substitute for obtaining pricing information from official sources.
No Medical Advice
The Sites are designed for educational purposes only. The Sites do not provide medical advice, diagnoses or recommendations about medical treatment, and neither recommends or endorses any products or information that may be contained in the Content for your particular circumstances. You expressly acknowledge and agree that ADH is not responsible for the results of your decisions made based on your use of the Sites or any Forum.
THE CONTENT ON THE SITES ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS DIRECTLY SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY THE SITES IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ADH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADH MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF A SITE OR ANY SERVICES OFFERED THROUGH THE SITES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH A SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADH OR ITS AFFILIATES OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EXCEPT AS PROHIBITED OR LIMITED BY LAW, ADH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH SITES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM OR RELATED TO YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, A SITE OR ANY SERVICES PROVIDED IN THE SITES, EVEN IF ADH HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES IS LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, A SITE OR ANY SERVICES PROVIDED IN THE SITES THAT RESULT FROM ANY ACT OR OMISSION OF ADH, ADH AFFILIATES, ANY ADH LICENSOR OR SUPPLIER, SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation on Actions Brought against ADH
You agree that any claim or cause of action arising out of your use of a Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ADH to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
You agree that any dispute arising out of or relating in any way to your use of a Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights . ADH may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in West Long Branch, New Jersey, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages, which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
BECAUSE THE USE OF THE SITES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of New Jersey or to any Federal Court located within the State of New Jersey for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 18 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in New Jersey.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
If you have any questions about these Terms, the practices of ADH, or your dealings with the Sites, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address.
Allied Digestive Health, LLC
Monmouth Corporate Park 1
187 Highway 36, Suite 230
West Long Branch, New Jersey 07764
Attn: Privacy Officer