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Legal Notice, Terms and Conditions, Disclaimer
Access to and use of this World Wide Web site (the "FASTHEALTH Web Site") is provided subject to these terms and conditions (the "Agreement"), which may be updated by us from time to time. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THIS FASTHEALTH WEB SITE.
Agreement
The FASTHEALTH Web Site is an Internet-based on-line information and communication service run by FASTHEALTH CORPORATION, a Delaware corporation ("FASTHEALTH"). The FASTHEALTH Web Site is sometimes referred to in this Agreement as the Service. You agree to be bound by the terms and conditions of this Agreement, which includes the FASTHEALTH Privacy Policy linked to this Agreement, by accessing or using the FASTHEALTH Web Site. FASTHEALTH may modify this Agreement at any time by posting an updated version of these Terms of Use on this Web Site, and such modification shall be effective thirty (30) days after either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the FASTHEALTH Web Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement.
No Medical Advice
The contents of the FASTHEALTH Web Site, such as information, artwork, text, photographs, graphics, video, audio, pictures, images, information obtained from FASTHEALTH's licensors, and other material (collectively, "Content") contained on the FASTHEALTH Web Site is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FASTHEALTH Web Site!
If you think you may have a medical emergency, contact your health services provider or other emergency service immediately. FASTHEALTH does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the FASTHEALTH Web Site. Reliance on any information provided by FASTHEALTH, FASTHEALTH employees, agents, contractors, or others appearing on the FASTHEALTH Web Site at the invitation of FASTHEALTH, or other visitors to the FASTHEALTH Web Site is solely at your own risk. The FASTHEALTH Web Site may contain health or medical related materials which you find sexually explicit or otherwise offensive. FASTHEALTH, its licensors and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
License and Use of Content
We hereby grant you the right to view and use this FASTHEALTH Web Site subject to the terms and conditions of this Agreement. The Content is protected by copyrights, trademarks, services marks, patents or other proprietary rights and laws. You may only access and use the Content for personal, non-commercial or educational purposes. You may not modify or use the Content available through the FASTHEALTH Web Site and its associated Web sites for any other purpose without the express written consent of FASTHEALTH. Except as provided below, you may not modify, copy, reproduce, upload, republish, post, transmit or distribute in any way Content available through the FASTHEALTH Web Site and its associated Web sites, including computer software and code. You may print Content on the FASTHEALTH Web Site for personal, non-commercial or educational purposes only, and you must include any copyright notice originally included with the Content in all copies.
Any computer software or code downloadable or otherwise available from the FASTHEALTH Web Site ("Software") is a copyrighted work of FASTHEALTH and/or its suppliers. Use of the Software is governed by the terms of the applicable license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You will be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Content included on the FASTHEALTH Web Site have been compiled by FASTHEALTH from a variety of sources, and are subject to change without notice.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
All media files on the FASTHEALTH Web Site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files (including, but not limited to, .ra or .rm files) made available for playback on the FASTHEALTH Web Site without FASTHEALTH's express written consent. You may not link directly to any .ram file located on a FASTHEALTH server, and you should not attempt to "pass-off" any of FASTHEALTH's Content as your own work.
Privacy
We respect your personal privacy. Please see our Privacy Policy, which is incorporated by reference into this Agreement, for the details of our commitment.
Pixel Tracking Consent and Acknowledgement
FastHealth Corporation and its licensees do not encourage use of pixel tracking technologies by third parties as they might invade patient privacy. However, areas of FastHealth and FastHealth licensee websites might link to or interface with third party companies that might use pixel tracking technologies and other tracking tools within their services.
FastHealth Corporation and its website licensees including hospitals, health clinics, governments, businesses, and other associated entities highly recommend that any and all users accessing FastHealth developed websites and programs to fully recognize that third party services from Alphabet Inc, Facebook, and other vendors are sometimes known to use pixel types of tracking tools that might or could pose a risk to privacy in some way. FastHealth has read that Google Analytics, Google Maps, Google Fonts, Facebook, and other social networks or websites might use questionable tracking methodologies in their programs.
By accessing FastHealth or FastHealth licensee webpages and websites you consent, and are fully aware, that third parties might implement possible pixel tracking or other methodologies to track user page history patterns and statistics or to aggregate user data for commercial use, advertising, or other purposes. Our licensees might interface with analytical tools that contain pixel tracking functionality. Though mapping or statistical areas sometime collect data about user trends FastHealth is not an expert on how tracking and privacy correlations might impact users now or ahead. While there could be an indirect or direct high risk of some type we ask users not wishing their privacy be at risk or exploited to avoid this website or any and all licensee websites.
By accessing and using websites created by FastHealth and its partners, associates, and licensees you agree to take full responsibility in proceeding with risks associated from third party use of pixel tracking technologies or other methodologies for tracking or exploiting user data and that you give full consent to the processes being utilized with your use of these websites. By proceeding you agree you understand possible risks of privacy disclosure that could create some risk to your privacy and you consent that you have knowledge of risks for commercial exploitation and you give full consent to these tracking methodologies should you access them or interface with them.
Many FastHealth customers are taking steps to remove some risks and/or are trying to reduce risks regarding website tracking. FastHealth encourages hospitals and other licensees to to consider avoid linking to third party companies that exploit or disclose user privacy or user data in any way for manipulative or advertising purposes. By using this website you agree and consent to third party website presentations and programs including pixel tracking or other related methodologies. By using this website you consent to all use of your user data by third parties interfaced with through this website.
Usage Rules
As a condition of your use of this Service, you warrant to us that you will not use this Service for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any part of this Service at our sole discretion. You are responsible for material that you send to any "discussion" group available through the Service. The communities and newsgroup discussions on this Service are not guaranteed to be monitored for unacceptable use, nor will any statements made in the communities and newsgroup discussions be authenticated or endorsed by us. In order to maintain an informative and valuable service for you, but one which seeks to avoid the harm that can result from disseminating statements that are false, malicious, violative of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
- You may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Service using your account for any purpose.
- You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself, including without limitation content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship. You may not post or transmit any message, data, image or program which is indecent, obscene, pornographic, unlawful, libelous, defamatory, scandalous, inflammatory, hateful, racist, threatening, or otherwise abusive.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in a community or news group discussion.
- You may not post or transmit any file which contains viruses, worms, time bombs, Trojan horses, corrupted data or any other contaminating or destructive features.
- You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not FASTHEALTH's intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; FASTHEALTH reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
- You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to multi-level marketing (pyramid) schemes or any other fraudulent activities.
- You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose and you must adhere to any applicable policies.
- You may not post or transmit any requests for information from others that would constitute a violation of any applicable federal, state, or local statute, regulation or ordinance.
Review of Postings & Uploads
FASTHEALTH does not and cannot review all communications and materials posted or uploaded to FASTHEALTH and is not responsible for the content of these communications and materials. However, FASTHEALTH reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another, or (d) offensive or otherwise unacceptable to FASTHEALTH. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION REGARDLESS OF THE PERSON OR ENTITY OFFERING SUCH MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION.
Links
By providing links to other sites, FastHealth Corporation or its sponsors do not guarantee, approve or endorse the information or products available at these sites, nor does a framed link indicate any association with or endorsement by the linked site to FastHealth Corporation or its sponsors. Any user may remove any FastHealth frame by using the "Remove Frame" function at the top left menu of any framed page.
FASTHEALTH may contain links to or advertisements for Web sites operated by other parties. The links or advertisements are provided for your convenience only. Neither we nor our suppliers control such Web sites and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to or advertisements for such Web sites does not imply any referral or endorsement of the material on such Web sites or any association with their operators. FASTHEALTH does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet. See our Privacy Policy regarding information which may be transferred to third parties by using these links or advertisements.
Warranty Disclaimer and Limitation of Liability
The information provided through this Service is for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. THIS SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTHCARE PROVIDER LINKED TO OR ADVERTISED ON THIS SERVICE. Advice received via this Service should not be relied upon for medical or health decisions and you should consult with an appropriate professional for specific advice tailored to your situation. This Service is not a physician or other healthcare provider referral service. This Service does not endorse, and expressly disclaims all responsibility for, the professional qualifications and licensing of, and services provided by any physician or other health provider, including, but not limited to, physicians or other health providers referred to you through services linked to this Service. We and our suppliers assume no responsibility for how you use the information provided through this Service. You should always seek the advice of your physician or other qualified healthcare provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
You acknowledge that there are certain risks inherent to the use of the products, services or Content that may be offered from time to time by FASTHEALTH on the FASTHEALTH Web Site (collectively, the "Deliverables"). We and our suppliers make no representations or endorsement about the suitability for any purpose of products and services available through this Service. Although our suppliers or we may update the Deliverables on this Service from time to time, please note that medical information changes rapidly. Therefore, some of the Deliverables may be out of date and/or may contain inaccuracies or typographical errors.
We and our suppliers do not represent, warrant or guarantee the timeliness, validity, completeness or accuracy of Deliverables made available to you for any particular purpose and we do not represent, warrant or guarantee that the Deliverables will be uninterrupted or error-free or that any defects will be corrected. THE DELIVERABLES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE DELIVERABLES CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SERVICE, LACK OF VIRUSES, WORMS, TIME BOMBS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE.
IN NO EVENT SHALL FASTHEALTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OR DAMAGES TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, MATERIALS OR BUSINESS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DELIVERABLES, THE FASTHEALTH WEB SITE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE DELIVERABLES, THE FASTHEALTH WEB SITE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE DELIVERABLES, OR FOR SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DELIVERABLES OR FASTHEALTH WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DELIVERABLES OR FASTHEALTH WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FASTHEALTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Deliverables or FASTHEALTH Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Deliverables and FASTHEALTH Web Site and its related Web sites.
Indemnification
You agree to indemnify, defend and hold harmless FASTHEALTH, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing FASTHEALTH using your service account.
Waiver and Release
You agree that neither FASTHEALTH, nor its officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the FASTHEALTH Web Site. You hereby release and forever waive any and all claims you may have against FASTHEALTH, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of FASTHEALTH, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of the Deliverables and the FASTHEALTH Web Site. You expressly agree that use of the Deliverables and FASTHEALTH Web Site is at your own risk.
Third Party Rights
The provisions of paragraphs 8 (Warranty Disclaimer and Limitation of Liability), 9 (Indemnification) and 10 (Waiver and Release) are for the benefit of FASTHEALTH and its officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
User Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the FASTHEALTH Web Site in accordance with this Agreement. You agree to be financially responsible for your use of the FASTHEALTH Web Site (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Registration and Password
Certain Deliverables, portals or areas of the FASTHEALTH Web Site may require registration and a password for access. In such event, you are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to notify FASTHEALTH immediately of any unauthorized use of your registration or password.
Termination
FASTHEALTH may terminate your access to any part or all of the Deliverables and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including without limitation, providing us with false or misleading registration information, inference with other users of the Deliverables or FASTHEALTH Web Site, failure to pay any required fees, or violation of these Terms of Use. If Deliverables, portal or area of the FASTHEALTH Web Site you are using requires you to sign-in to access the Deliverables, FASTHEALTH may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the FASTHEALTH Web Site for an extended period of time, as determined by FASTHEALTH. The amount of time that FASTHEALTH currently considers as an "extended" period of time is subject to change from time to time at the discretion of FASTHEALTH. Upon termination of the Deliverables, portal or area of the FASTHEALTH Web Site requiring registration, your right to use the Deliverables, portal or area of the FASTHEALTH Web Site requiring registration immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Deliverables.
No Spam; Damages
FASTHEALTH will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay FASTHEALTH liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay FASTHEALTH's actual damages, to the extent such actual damages can be reasonably calculated.
Participation in Promotions of Advertisers
Any dealings with advertisers on the FASTHEALTH Web Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. FASTHEALTH shall not be responsible or liable for any part of any such dealings or promotions.
Copyright and Trademark Notices
© Copyright FASTHEALTH CORPORATION and/or its licensors, 2000. All rights not expressly granted herein are reserved. FASTHEALTH is a registered service mark of FASTHEALTH. You may not use any FASTHEALTH trademark, service mark, or logo without FASTHEALTH's express written consent.
PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING ANY FASTHEALTH or FASTHEALTH.AI associated HEALTHCHAT.
Not Medical Advice: The content and information provided in any FastHealth HealthChat or FastHealth.AI associated HealthChat, including but not limited to any text, graphics, images, and other material contained therein, is for informational and library reference purposes only and is not intended as a substitute for professional medical advice, diagnosis, treatment, or care. It is not meant to recommend or endorse any specific medical tests, products, procedures, opinions, diagnosis, physicians, or other information.
Consult a Physician: If you or a family member or associate have, or suspect you or they have, a health problem or medical condition, it is crucial to consult a qualified healthcare provider directly. Do not delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information obtained from any FastHealth or FastHealth.AI associated HealthChat. If you have any doubts, concerns, or questions about your health or a medical condition, you must seek guidance from a qualified physician or healthcare professional.
Responsibility: By choosing to utilize any FastHealth or FastHealth.AI HealthChat, you recognize and agree that any and all decisions made or actions taken based on information provided in any HealthChat are your sole responsibility. It is essential to do your due diligence and consult with a healthcare provider regarding any health concerns.
Reference to Contact Information: This HealthChat provides reference information and may include contact information for hospitals, physicians, and other healthcare facilities or professionals. This is intended for convenience and reference only and does not serve as a recommendation, endorsement, or guarantee of any kind.
User Consent: By using any FastHealth or FastHealth.AI HealthChat residing on any FastHealth associated webpage or any healthcare or hospital webpage or other webpage, you explicitly agree to this disclaimer and acknowledge understanding the inherent risks and limitations of relying solely on this or any platform for health-related information. If you do not agree with or understand any aspect of this disclaimer, you should refrain from using any HealthChat immediately.
Ads located near any HealthChat prompt are advertisements only. FastHealth reserves the right to place any ads for healthcare and or any other services or other sponsorships on any of its webpages.
Your health and safety are of utmost importance. Always prioritize direct consultations with qualified healthcare professionals over digital or written resources that might be referenced through any search engine or healthchat service you reference from FastHealth, FastHealth.AI or any FastHealth associated or affiliated hospitals, physicians, and customers.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to provisions relating to conflicts of law. You agree that any legal action or proceeding between FASTHEALTH and you for any purpose concerning this Agreement or the parties' obligations under this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Jefferson County, Alabama, United States. Any cause of action or claim you may have with respect to FASTHEALTH must be commenced within one (1) year after the claim or cause of action arises. FASTHEALTH's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by FASTHEALTH. This Agreement will inure to the benefit of FASTHEALTH's successors, assigns and licensees. FASTHEALTH may assign its rights and duties under this Agreement to any party at any time without notice to you and thereafter be relieved of any further obligation hereunder.
Notice
FASTHEALTH may deliver notice to you under this Agreement by means of electronic mail, a general notice on the FASTHEALTH Web Site, or by written communication delivered by first class U. S. mail to your address on record in the FASTHEALTH Web Site account information, if any. You may give notice to FASTHEALTH at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
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FASTHEALTH CORPORATION
1001 23rd Avenue, Suite C
Tuscaloosa, Alabama 35401
Attn: Chief Executive Officer/President |
Severability
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
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