PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ATLANTIC HEALTH SYSTEM (“Atlantic Health System,” “We,” “Our,” Or “Us”) WEBSITE OR PARTICIPATING IN ANY ONLINE FEATURES, SERVICES AND/OR PROGRAMS offered by us, including, but not limited to, our mobile applications (the “Apps”), or our blogs (our websites, Apps, and blogs, collectively, the “Site”).
OUR WEBSITE TERMS OF USE HELP YOU UNDERSTAND WHAT YOU CAN DO ON OUR WEBSITE, AND INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH ATLANTIC HEALTH SYSTEM REGARDING YOUR USE OF THE SITE AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. AS A CONDITION OF YOUR USE OF THE SITE, YOU HEREBY REPRESENT AND WARRANT THAT (I) YOU POSSESS THE LEGAL AUTHORITY TO ENTER INTO THESE TERMS AND TO FORM A BINDING AGREEMENT UNDER ANY APPLICABLE LAW, TO USE THE SITE IN ACCORDANCE WITH THESE TERMS, AND TO FULLY PERFORM YOUR OBLIGATIONS HEREUNDER; AND (II) YOUR ENTERING INTO THESE TERMS DOES NOT AND WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE BOUND OR ANY LAW, RULE, REGULATION, ORDER OR JUDGMENT TO WHICH YOU ARE SUBJECT. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SITE.
1. NO MEDICAL ADVICE. Nothing on this Site may be considered medical advice, diagnosis or treatment. All health and health-related information contained within this Site is intended to be general in nature and should not be used as a substitute for a visit to a healthcare professional. The information you obtain from this Site may be inappropriate for your own situation or might be misinterpreted. We assume no responsibility for how you use the information you obtain from this Site. If you have an emergency, or think you need to speak to someone urgently, please do not rely on any email communications provided to you through the Site. Neither email nor any other application available through this Site is a substitute for appropriate and timely contact with your physician. The Site is not a substitute for consultation with your physician. You should never change or stop any course of treatment prescribed by your physician without first consulting her or him. Only your physician can properly diagnose and treat your illness. Also, please note that while we strive to keep our information up to date, information changes rapidly, and some information may be out of date.
2. SITE USE AND CONTENT. You may view, download copy or print a single copy of any page from our Site for personal, non-commercial purposes if you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy translate, reverse engineer, decompile, disassemble, print, display, distribute, publish, or sell any portion of our Site or any information from our Site without our express, prior, written consent. YOU MAY NOT USE ANY Site or any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Site (any of the foregoing, alone or in combination, and collectively, the “Content”) FOR ANY COMMERCIAL PURPOSE. Any special rules for audio files, video files, downloads, and other items accessible through our Site may be included elsewhere in our Site and are incorporated into these Terms by reference. In using our Site, you further agree (i) not to create a browser or border environment, or graphical user interface around the Site; (ii) not to interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the materials available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iii) not to interfere with or violate users' right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information; (iv) not to impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the materials provided on this Site or gaining unlawful access to it; (v) not to falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with Atlantic Health System, or express or imply that Atlantic Health System endorses or is in any way affiliated with you or any statement you make, or present any false information about this Site; (vi) not to transmit or otherwise make available in connection with the materials or content on this Site, any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and (vii) not to transmit any communications or content of any type that may infringe or violate any right of any party, or otherwise use this Site for any illegal or unauthorized purpose.
3. PRIVACY. We know that privacy is very important to you, and it is very important to us as well. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Personal data will be handled in accordance with our Privacy Policy.
4. USER CONTENT. Our Site may now or in the future permit the submission of various forms of content submitted by you and other users, such as blog posts, materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT; HOWEVER, WE WILL HANDLE USER CONTENT IN ACCORDANCE WITH OUR PRIVACY POLICY.
You shall be solely responsible for your User Content, and the consequences of posting or publishing it. You agree that you will not post or publish any User Content that infringes or violates any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense or give rise to civil liability or violation of any applicable law. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that Atlantic Health System reserves the right to pre-screen User Content and we have the right (but not the obligation) in our sole discretion to refuse, move, edit and/or remove User Content that is available on or through our Site.
5. OBJECTIONABLE MATERIAL. You acknowledge that in using our Site and accessing the Content and/or User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use our Site at your sole risk and that we shall have no liability to you for material that may be disturbing, objectionable or offensive to you. You further agree that you will not post or publish any User Content which may reasonably be interpreted as disturbing, objectionable, obscene, abusive, or offensive to other users of the Site.
6. DISCLAIMERS; NO WARRANTIES FOR SITE. We do not warrant or represent that (i) any Content is accurate or complete; (ii) the Content is up to date or current; (ii) we have any obligation to update the Content; (iv) the Content is free from technical inaccuracies or programming or typographical errors; (v) the Content is free from changes caused by a third party; (vi) your access to the Site will be free from interruptions, errors, computer viruses or other harmful components; (vii) any information obtained in response to questions asked through the Site is accurate or complete; and/or (viii) the Content is non-infringing of any third party’s intellectual property rights. When using our Site, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, or other information transmitted in connection with the use of our Site. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE, THE CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE, THE CONTENT, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH OUR SITE, INCLUDING, BUT NOT LIMITED TO, THE APPS, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH OUR SITE, OR THE SERVERS USED IN CONNECTION WITH OUR SITE, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR OUR SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING OUR SITE.
7. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Atlantic Health System and our partners, employees, service providers, clients, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your violation of any right of a third party, including but not limited to any intellectual property, privacy or publicity right; and/or (iv) any damage or loss that your User Content caused to a third party. The obligations set forth in this paragraph will survive any termination or expiration of these Terms.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SITE, CONTENT AND/OR USER CONTENT PROVIDED IN CONNECTION WITH OUR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SITE, CONTENT AND/OR ANY USER CONTENT PROVIDED THROUGH OUR SITE. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE OUR SITE, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the greatest extent permitted by applicable law. These Terms give you specific legal rights. You may also have other rights which vary from one jurisdiction to another.
9. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS. We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on our Site by framing or other methods (collectively, “Third Party Content”). In addition, our Site may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications may be provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and, just as with our Site, we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to our Site, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.
NOTE: If a third party links or refers to our Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked or refers to our Site.
10. INTELLECTUAL PROPERTY. All Content of our Site, whether or not registered and/or protected by copyright, trademark, service mark, patent or other intellectual property right under applicable law, is intellectual property owned, controlled and/or licensed by us. Additionally, the selection, arrangement, compilation and presentation of all materials (including information that is publicly accessible on our Site), and the overall design of our Site, are the exclusive property of Atlantic Health System. No portion of the Content, the User Content or other material on our Site may be reproduced in any form or by any means, except as provided in Section 2 (Site Use and Content) and elsewhere in these Terms, or as otherwise expressly authorized by us in writing.
We are the copyright owner or authorized licensee of, or are otherwise permitted to the use of, all trademarks, service marks, and logos used and displayed on our Site. All trademarks and service marks of Atlantic Health System that may be referred to on our Site are the property of Atlantic Health System. Other parties’ trademarks and service marks that may be referred to on our Site are the property of their respective owners. Nothing on our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Atlantic Health System’s trademarks, service marks, or copyrights without our prior written permission. We aggressively enforce our intellectual property rights. Neither the name of Atlantic Health System, nor any of our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to our Site or otherwise, without our prior, written permission.
11. COPYRIGHT COMPLAINTS. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), Atlantic Health System is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to Atlantic Health System’s Vice President, Legal Affairs & General Counsel, 475 South Street, P.O. Box 1905, Morristown, New Jersey 07962-1905, with the following information:
- Identification of the material that you believe has been improperly copied, published or displayed. If you believe there is more than one instance of such improper use of materials on our Site, please include a list;
- Information reasonably sufficient (e.g., identification by location or link) to permit Us to locate the material or activity that you believe infringed on your copyright and that is to be removed, or access to which is to be disabled;
- Information that enables Atlantic Health System to contact you, such as an address, telephone number and email address;
- A statement that you believe in good faith that use of the material in the manner complained of is not allowed by the copyright owner, its agent, or the law;
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are given power to act on behalf of the copyright owner of the material that is allegedly infringed; and
- A physical or electronic signature of a person permitted to act on behalf of the copyright owner.
If you fail to meet all of the requirements above, your DMCA notice may not be valid. Please also note that under Section 512(f) of the DMCA, any person who knowingly reports falsely that material or activity is infringing may be held legally responsible.
12. TERMINATION OF SERVICE. We may terminate your right to access all, or any portions of, our Site at any time, without notice, for any reason including but not limited to for conduct that we believe violates these Terms and/or is harmful to other users of our Site, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
13. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
14. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, this Site including any of our Apps shall be governed by the laws of New Jersey. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts in New Jersey and the United States District Court for the District of New Jersey, with respect to such matters.
15. LOCAL LAWS. We make no representation that Content or materials on Our Site is appropriate or available for use in jurisdictions outside the United States. Access to our Site from jurisdictions where such access is illegal is prohibited. If you choose to access our Site from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
16. EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any Site or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of our Site, the Content, the User Content, and any of our services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any country, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
17. CUSTOMER COMMENTS. By submitting comments, information or feedback to us through email and/or our Site, you agree that the information submitted will be subject to our Privacy Policy.
Your Consent to This Agreement; Updates
By accessing and using our Site, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page and on our Apps so that you will always be able to understand and agree to the terms and conditions governing your use of our Site. Your use of our Site, including, but not limited to, the Apps and our blogs, following the posting of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on our Site that you think is inappropriate or that violates any of these Terms, please let us know by sending your comments or requests to info@atlantichealth.org.
Last updated: August 10, 2018