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Disclaimer
AMERICAN SPECIALTY HEALTH®, INC. USER AGREEMENT

USE OF THE AMERICAN SPECIALTY HEALTH®, INC. ("ASH") WEBSITE IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.

THIS WEBSITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOMS OR SITUATION TO BE LIFE THREATENING, CALL YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY (IN MOST AREAS THIS IS REACHED BY DIALING 911).

  1. Agreement. Please read this User Agreement carefully before using the ASH website. This Agreement explains the terms and conditions governing usage of the ASH website, and it is your responsibility to read and understand them. By using the ASH website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not access or use this website.

  2. General Information Disclaimer. ASH does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on the ASH website. While reasonable efforts have been made to ensure the accuracy of the information provided, the information is subject to change without notice and cannot be guaranteed to be current.

  3. Health Information. Health content contained in ASH web sites is researched, authored, and/or reviewed by one or more qualified health care professionals prior to posting and annually thereafter. The credentials of these health care professionals are verified on a regular basis and each is required to disclose any conflict of interest with regard to the information they provide. In addition to abiding by the ethics code of this web site, these health care professionals must abide by the professional ethics and principles of their respective professions.

  4. Health Assessment Interactive Tools. Interactive health and risk assessment operations contained in ASH websites are designed to give health information specifically related to the information entered by the user. Calculations and information provided by these tools are derived from science-based, peer-reviewed clinical information. Tools and reference materials are clinically reviewed and updated at least annually to reflect current clinical knowledge. Use of these tools and interactions with health care professionals affiliated with this site results in general health education information and is not intended to replace the advice and care of your healthcare professionals. Assessment tools and interactions with health care professionals affiliated with ASH sites are subject to all applicable company policies, including compliance with federal and state law. Use of these tools is subject to the terms and conditions of the user agreement. Certain services within these web sites require the user to agree to a legal disclaimer prior to utilizing such services.

  5. Medical Information Disclaimer. The information on ASH web sites is of a general nature and is intended for educational purposes only. The information available on ASH web sites should not be used as a substitute for professional medical care for the prevention, diagnosis, or treatment of health problems. You should consult with your personal physician or pharmacist before taking any prescription or over-the-counter drugs (including any herbal medicines or supplements) or following any treatment or regimen. Only your personal physician or pharmacist can provide you with advice on what is safe and effective for you. The information on ASH web sites should not be used as a substitute for the diagnosis and advice of your health care professional. Nothing on this web site is to be interpreted as advocating the self-management of your health and medical condition(s) or those of your family. The information contained herein has been devised without reference to cultural, dietary, societal language, prescribing, or dispensing conditions, other than those of the United States, which might affect the information provided.

  6. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ASH WEB SITE AND THE INFORMATION THEREON IS ENTIRELY AT YOUR SOLE RISK. ASH AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE ASH WEBSITE, YOUR USE THEREOF OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON OUR WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ASH, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE ASH WEBSITE.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED "AS IS" AND ASH AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED ON THE WEBSITE.

  7. Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through the ASH website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or provider. You agree that ASH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on the ASH website.

  8. Links. Third party websites linked to the ASH website are not under the control of ASH and ASH is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. ASH provides these links to you only as a convenience, and the inclusion of any link does not imply a financial or business relationship, nor endorsement by ASH of the website or its products or services. ASH is not responsible for any activities that you may engage in on any linked website, including without limitation, purchase of products or services.

  9. Not Intended for Minors. The ASH website is not designed or intended for use by minors. You must be an individual, 13 years of age or older, to use the ASH website.

  10. Changes to this Agreement ASH may change the terms of this User Agreement from time to time. By continuing to use the website after we post any such changes, you accept the User Agreement, as modified. You can always find the current version of the User Agreement by clicking on the Disclaimer link.

  11. Privacy Policy. Your privacy is important to us. To learn more about how we protect your privacy, please refer to our Privacy Statement.

  12. Copyright. You may download material displayed on this website for noncommercial, personal use only, including showing the print-out to your personal physician or pharmacist, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, transfer, or use any content or information of the website for public or commercial purposes without ASH's prior written permission.

  13. Trademarks. ASH™ is a federally registered trademark of American Specialty Health, Inc. ASH's logos and trademarks that appear throughout the ASH website belong to ASH, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without ASH's express prior written permission, you agree not to display or use in any manner, the ASH logos or trademarks. Nothing on the ASH website shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ASH, its affiliates or any third party, whether by estoppel, implication or otherwise. All contents of the ASH website are: Copyright © 1999 or 2000 American Specialty Health, Inc. or its licensors. All rights reserved.

  14. Indemnification. You agree to defend, indemnify and hold ASH and its affiliates and licensors harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to your violation of this Agreement or any activity by you on this website.

  15. Governing Law. This User Agreement shall be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws or provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.

  16. Entire Agreement. This User Agreement constitutes the entire and final agreement between you and ASH with respect to this subject and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by ASH.

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