Note that these Terms contain an arbitration provision that requires arbitration on an individual basis, waives your right to trial by jury, and waives your right to participate in any purported class action or representative proceeding in the event of disputes within the scope of the Arbitration; Venue section.
Do NOT use the Site for medical emergencies. If you have a medical emergency, CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Site.
The general information provided on the Site is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Site and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Site is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
The presentation of general information on the Site does not establish a physician-patient relationship between you and AHN (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of AHN (or any of its physicians).
AHN hereby grants you a limited license to use the materials, features and services provided by AHN on this Site (collectively, the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. In addition, you agree that: (1) you will not interfere with another person's use and enjoyment of the Site; (2) you will not upload, download, transmit or otherwise distribute any message, data, information, text or other material ("Content") that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, and that, by uploading or downloading any Content, you represent and warrant to AHN that you have the lawful right to reproduce and distribute such Content; (3) you will not upload, download, transmit or otherwise distribute any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (4) you will not upload, download, transmit or otherwise distribute any viruses or other harmful, disruptive or destructive files; (5) you will not upload, download, transmit or otherwise distribute any Content that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law; (6) you will not use or attempt to use another's account, service or system without authorization from AHN, or create or use a false identity on this Site; (7) you will not upload, download, transmit or otherwise distribute spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (8) you will not attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; (9) you will not interfere with or disrupt networks, systems and/or computers connected to the Site, and you will comply with all regulations, policies and procedures of such networks and systems; and (10) you will comply with all United States laws regarding the transmission of technical data exported from the United States. You acknowledge and agree that you are responsible for all use of your email address and will notify AHN immediately of any unauthorized use.
The products, services, technology and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by AHN or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property right of AHN or any third party.
THE MATERIALS, INFORMATION AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.
NEITHER AHN NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES OR DISBURSEMENTS) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF AHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT AHN HEALTH SERVICES AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
NEITHER AHN NOR ANY OF ITS AGENTS TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS AHN AND ITS AGENTS AND PARTIES WITH WHOM AHN HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
All documents available on this Site may be protected under the U.S. and Foreign Copyright Laws. Permission to reproduce may be required. AHN retains all rights to the information provided on this Site, including, but not limited to, the right of distribution.
Any transaction or occurrence arising out of accessing, transmitting or viewing this Site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions).
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH AHN ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AHN.
By agreeing to these Terms of Service, both you and AHN are waiving the right to a jury trial on any Claims. You and AHN agree that all Claims shall be resolved by final and binding individual arbitration.
In addition, you agree to notify AHN in writing of any arbitrable Claim within thirty (30) days of the date the Claim arises, so that the parties can attempt in good faith to resolve the Claim informally. Notice to AHN shall be sent by certified mail or courier to: Allegheny Health Network, 120 Fifth Avenue Place, Law Department, Pittsburgh, PA 15222. Your notice must include: (i) your name, street address, telephone number, and, if any, an email address at which you can be contacted; (ii) a brief description of the Claim; (iii) the amount of money, if any, at issue in the Claim; and (iv) the specific relief you are seeking.
If you and AHN cannot agree how to resolve the Claim within thirty (30) days after the notice is received by the other party, then either you or AHN may, as appropriate and in accordance with this section, commence an arbitration proceeding with a written demand for arbitration.
You agree that regardless of any statute or law to the contrary, any Claim brought by you must be filed within one (1) year after such Claim arose or such Claim will forever be barred. Note that this may be a shorter time period than allowed under otherwise applicable law.
The arbitration shall be conducted in Pittsburgh, Pennsylvania. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery and will proceed desk-only unless otherwise ordered or agreed. The arbitrator’s award shall be final and binding. The courts of the Commonwealth of Pennsylvania and/or the United States District Court for the Western District of Pennsylvania shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Service. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. AHN reserves all rights and remedies available to it in law or equity. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.
If any term, clause or provision of this section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
Every effort has been made by the author(s) to provide accurate, up-to-date information. However, the medical knowledge base is dynamic and is subject to change. By using the information contained herein, the viewer willingly assumes all risks in connection with such use. Neither the author nor AHN shall be held responsible for errors, omissions in information herein or liable for any special, consequential, or exemplary damages resulting, in whole or in part, from any viewer(s)' use of or reliance upon, this material.
Neither AHN nor any of its agents makes any representation that Materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations other than within the United States are responsible for compliance with local laws and do so at their own risk.
Upon a request by AHN, you agree to defend, indemnify and hold harmless AHN and its employees, contractors, officers, directors and agents from all liabilities, claims and expenses, including attorneys' fees and disbursements, that arise from your use or misuse of this Site. AHN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AHN in asserting any available defenses.
In the event AHN determines, in its sole discretion, that you have violated these Terms, AHN shall have the right