By accessing and/or using the Website, you agree not to: (i) use the Website other than as allowed by applicable law; (ii) upload to or transmit through the Website any libelous, threatening, defamatory, obscene, indecent, pornographic, infringing, harassing, or other objectionable material, nor any material which would otherwise give rise to any civil or criminal liability under applicable law, nor any material which includes bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; and/or (iii) use the Website in any way that shall impair the functioning or operation of the Website or related equipment, as determined by PruittHealth in its sole discretion.
Any submission to or through the Website by you shall be considered non-confidential and shall be the sole and exclusive property of PruittHealth. PruittHealth shall have no obligations to you in connection with such submission. You understand and agree that any material you post to the Website may be used by PruittHealth for its marketing or promotional purposes, and you grant PruittHealth permission to use your name and/or likeness in connection therewith.
DO NOT PROVIDE ANY CONFIDENTIAL, PERSONAL INFORMATION, OR PROTECTED HEALTH INFORMATION, AS THOSE TERMS ARE DEFINED BY STATE OR FEDERAL LAW, TO THIS WEBSITE. You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the Website ("User Material"). Any User Material is and will be treated as non-confidential and non-proprietary. Furthermore, you warrant and agree that such information is non-confidential and non-proprietary and does not comprise personal information or protected health information as those terms are defined by state or federal law. Any User Material may be used by PruittHealth for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, commercialization, and posting. Furthermore, PruittHealth is free to use any ideas, expression, concepts, know-how, or techniques contained in any User Material for any purpose whatsoever. You understand that you are the sole person responsible for any and all User Material, including, but not limited to, all information, data, text, questions, comments, suggestions, software, music, sound, photographs, graphics, video, audio, messages, or other material.
If you provide User Material, you represent and warrant that 1) the User Material is your original creation, 2) that you are the rightful copyright owner of such information, or 3) that you have permission from the rightful copyright owner. By posting any User Material on this Website or submitting any User Material to PruittHealth via this Website, you hereby expressly grant PruittHealth a royalty-free, world-wide, non-exclusive license to use, copy, edit, distribute, translate, publicly perform, commercialize, and sublicense such User Material as well as your name and likeness as used in connection with such User Material for any purpose.
Although PruittHealth is under no obligation to monitor any User Material, PruittHealth specifically reserves the right to remove any such User Material at its sole discretion and without notice.
This Website is protected by copyright laws, and any unauthorized access to or use of the Website or any portion thereof may violate such laws. All content, software, HTML, source code, object code, and any other code, associated media, print media, online or electronic documentation, data, and script forming a part of the Website and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Website are the sole and exclusive property of PruittHealth or its licensors. You shall not challenge the intellectual property rights associated with the foregoing or do anything that might impair or damage those rights. You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of PruittHealth or any of the goodwill associated with any of the foregoing.
The names, trademarks, service marks, logos, and icons of PruittHealth, appearing on this Web site, may not be used in any manner by users of this Web site without PruittHealth' prior expressed written consent. Please send any notices, questions, comments, or concerns regarding this Website, including any notifications of claimed copyright or trademark infringement, to:
PruittHealth Corporation, Inc.
1626 Jeurgens Court
Norcross, GA 30093
Attn: General Counsel
Links to third-party Internet sites not under PruittHealth's control may be available through the Website for your convenience of reference only. Such links do not signify any endorsement by, sponsorship by, or association with the organization or individual associated with the linked site. Although the Website may include links providing direct access to non-PruittHealth Web sites, PruittHealth has not participated in their development and does not monitor or exert any editorial or content control over those sites. PruittHealth is not responsible for the content, quality, security, or accuracy of any materials or sites referenced or linked through this Website. You assume sole responsibility and liability for your use of such linked sites. You must obtain PruittHealth's prior written consent before placing, displaying, or otherwise providing any link(s) to this Website.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRUITTHEALTH DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. PRUITTHEALTH DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY CAN BE GIVEN THAT THE DATA IS CURRENT. PruittHealth does not guarantee the accuracy, completeness, efficacy, reliability, or veracity of the Website. PruittHealth makes NO WARRANTY as to the security of the Website. PruittHealth neither warrants nor represents that your use of the Website is legal under all applicable laws and regulations or will not infringe rights of third parties not owned by or affiliated with PruittHealth.
The Website is intended as a convenience and reference for you. Nothing available on or through the Website is intended to be, and must not be taken to be, the practice of medical care or determination. You are advised to seek the advice of and consult with qualified professionals and/or representatives regarding all medical, therapeutic, pharmaceutical, nursing, and insurance and benefits coverage matters. PruittHealth uses reasonable care in the presentation and posting of materials on this Web site. However, PruittHealth does not guarantee the accuracy or completeness of the materials, and makes no representations about the suitability of the information and services for any purpose. PruittHealth assumes no liability for any loss, damage or expense from the errors or omissions in the materials and services available on this Web site, whether arising in contract, tort or otherwise. No advice or information obtained by you, whether written or oral, from PruittHealth shall create any warranty whether express or implied. USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
PruittHealth expressly disclaims any liability for any damage to, or viruses that may infect, your computer equipment or other property as you access or browse the Website or download material from it. You understand and agree that PruittHealth shall not be liable to you for and direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation damages for loss of profits, goodwill, use, data, or other intangible losses (even if PruittHealth has been advised of the possibility of such damages) resulting from:
(i) THE USE OR THE INABILITY TO USE THE PRUITTHEALTH WEBSITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRUITTHEALTH WEBSITE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE PRUITTHEALTH WEBSITE.
By accessing the Website and using the information therein available and/or by purchasing any products or services made available through this site, you agree that any claim or dispute you may have against PruittHealth, its parent, subsidiaries and affiliates, agents, officers, directors, employees, or insurers, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration by the American Arbitration Association (or similar organization). This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16. All hearings concerning said arbitration shall be held in Atlanta, Georgia or at a location mutually agreeable to the parties.
You understand that you would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but you choose to have any disputes decided through arbitration.
Governing Law and Jurisdiction; Limit on Commencing Actions; General Information
PruittHealth reserves the right to modify and supplement these terms at any time, without prior notice, by posting the new terms on the site. You agree that your continued access and use of the site shall constitute your acceptance of the new terms.
PruittHealth reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), including the members-only areas (if any), with or without notice. You agree that PruittHealth shall not be liable to you or any third party for any modification, suspension or discontinuation of the PruittHealth Website.