PLEASE READ CAREFULLY – YOU ACCEPT THESE TERMS BY USING THIS WEBSITE
By accessing or using PruittHealth Inc.'s ("PruittHealth") website (the "Website"), you agree to be bound by these Terms of Use without limitation or qualification. You represent and warrant to PruittHealth that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement. These Terms of Use, together with any additional privacy notices or usage guidelines posted on or through this Website, constitute the entire agreement and understanding of the parties relating to the Website. IF YOU DO NOT AGREE TO OR ARE NOT LEGALLY ABLE TO AGREE TO BE BOUND TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
Health Disclaimer
If you have, or believe you have, a medical emergency, call your doctor or 911 immediately. This Website is not designed to address medical emergencies, and no communication through the platform should be used for immediate, urgent medical needs.
Information is provided solely for convenience and informational purposes. This Website and the services available herein are not an attempt to practice medicine or provide specific medical advice, and should not be used to make a self-diagnosis or to substitute or overrule a qualified health care provider's examination, diagnosis, treatment, care, or judgment.
Permitted Use
PruittHealth grants you access to and use of the Website only for its permitted purposes and not for commercial reproduction, distribution, publication, or any other activity that is non-personal in nature or in contravention of these Terms of Use, applicable law including, without limitation all privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA), and the privacy, security and breach notification requirements of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH)., or PruittHealth's or any third party's rights.
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 false, misleading, offensive, libelous, threatening, defamatory, obscene, indecent, pornographic, infringing, harassing, or other objectionable material, nor any material which could 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 could impair the functioning or operation of the Website or related equipment, as determined by PruittHealth in its sole discretion. PruittHealth may revoke your authorization to access and use the Website and any ancillary services if you violate any of the foregoing, or any other portion of these Terms of Use. Upon any such termination, you must immediately destroy and downloaded or printed information and discontinue use of the Website.
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.
Your Obligations
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. You additionally agree not to give credentials used to access any portion of the Website to any other person. You remain responsible for all access to the Website via your username, password, access code, or other authentication method, even if not authorized by you. If you believe that an unauthorized person has or may attempt to use the Website, you must immediately notify PruittHealth at (855) 742-5983.
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, publish or publicly perform, commercialize, adapt, store, reproduce, create derivative works from, license, sublicense, or otherwise communicate and display 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 reject, remove, refuse to post, or otherwise monitor any such User Material at its sole discretion and without notice.
Indemnity
You agree to indemnify and hold PruittHealth, its parent, subsidiaries and affiliates, agents, officers, directors, employees, insurers, or subcontractors harmless from any damages, claims, causes of action, lawsuits, liabilities, losses, or costs (including reasonable attorneys fees) arising out of, connected with, or resulting in any way from your use of the Website including, without limitation; (i) violation of these Terms of Use or any applicable law; (ii) unauthorized use of the Website or any information contained herein; (iii) any of User Material uploaded or posted to the Website; or (iv) negligence or willful misconduct.
Copyright/Trademark
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 trade secret, copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of PruittHealth or its affiliates, licensors, collaborators, 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's prior express written consent. Please send any notices, questions, comments, or concerns regarding this Website, including any notifications of claimed copyright, trademark, or other intellectual property right infringement, to:
PruittHealth, Inc.
1626 Jeurgens Court
Norcross, GA 30093
Attn: General Counsel
Links To Other Internet Sites; Links to this Website
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 review, 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.
Disclaimer
THE WEBSITE, AND ANY INFORMATION CONTAINED HEREIN OR ANCILLARY SERVICES PROVIDED IN CONNECTION HEREWITH, IS PROVIDED BY PRUITTHEALTH AND ACCEPTED BY YOU 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 Website. 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 Website, 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.
Limitations on Liability
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 under any circumstance or theory of liability for damages of any kind, including 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 your use of the Website including, without limitation:
(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.
If at any time you are dissatisfied with the Website, do not agree with any portion of these Terms of Use, or have any other claim against PruittHealth relating to either these Terms of Use or the Website, then your sole, exclusive remedy is to discontinue using the Website.
Website Terms & Conditions Arbitration Clause
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
These Terms of Use are governed by the laws of the State of Georgia without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Gwinnett County, Georgia, U.S.A. in all disputes arising out of or relating to these Terms of Use and/or access or use of the Website (to include challenging the arbitrability of any said claim). You must commence any cause of action or claim against PruittHealth concerning this Website within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.
If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and PruittHealth regarding this Website. The failure of PruittHealth to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this Agreement.
Revisions
PruittHealth reserves the right to modify or 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.
Modifications to Service
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.
Waiver and Severability of Terms
The failure of PruittHealth to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Entire Agreement
The Terms of Use and your continued use of the Website in accordance herewith constitutes the entire agreement between you and PruittHealth with respect to the PruittHealth Website and supersedes any prior agreements, oral or written, between you and PruittHealth.