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