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Terms and Conditions of Use

Effective Date: January 6, 2018

These Terms of Use and our Privacy Policy govern your use of the Hahnemann University Hospital websites, including www.hahnemannhospital.com (the "Sites") and constitute a legally binding agreement between you and Hahnemann University Hospital ("Hahnemann University Hospital," "we," "us" or "our"); please read them carefully. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SITE.

Binding Arbitration. These Terms of Use provide that all disputes between you and Hahnemann University Hospital relating to your use of the Sites will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled, "Dispute Resolution; Arbitration Agreement" for the details regarding your agreement to arbitrate any disputes relating to your use of the Sites with Hahnemann University Hospital.

     

  1. Medical Disclaimer
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    THE SITES DO NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. The Sites and information contained on the Sites is intended for informational and educational use only. We do not provide medical advice and the Sites, Content (as defined below) and the Sites and Content do not provide a diagnosis or other recommendation for treatment and are not a substitute for the professional judgment of a health care professional in diagnosis and treatment of any person. The determination of the need for medical services and the types of healthcare to be provided to a patient are decisions that should be made only by a physician or other licensed health care provider. Always seek the advice of a physician or other qualified health care provider with any questions you have regarding a medical condition.

     

  3. Physician Disclaimer
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    Physicians performing services at Hahnemann University Hospital are independent contractors and not employees, agents or representatives of Hahnemann University Hospital.

     

  5. Copyright and Trademark Information
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    The Sites, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Sites (collectively, the "Content") are the property of Hahnemann University Hospital or its licensors, as applicable. The Sites and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Hahnemann University Hospital. All rights not expressly granted herein are reserved to us and our licensors.

     

  7. Use Content; Security and Restrictions
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We authorize you to view or download the Content on the Sites solely for your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which are contained in the Content. You may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content except for purposes explicitly authorized by these Terms of Use or approved in writing by Hahnemann University Hospital. Content and features are subject to change or termination without notice in our editorial discretion.

You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Sites or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Sites:

         

      • In any way that violates any applicable federal, state, local or international law or regulation;
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      • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm the Hahnemann University Hospital or users of the Sites or expose them to liability;
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      • Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites;
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      • Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
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      • Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent;
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      • Use any device, software or routine that interferes with the proper working of the Sites; or
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      • Otherwise attempt to interfere with the proper working of the Sites.
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In the event access to the Sites or a portion thereof is limited by requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by Hahnemann University Hospital. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Sites may be revoked by Hahnemann University Hospital at any time with or without cause. You agree to defend, indemnify and hold Hahnemann University Hospital harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Hahnemann University Hospital arising out of your breach of these Terms of Use or violation of applicable law, your use of, or access to, the Sites, or access to the Sites by anyone using your user ID and password.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

     

  1. Links to Other Sites
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    From time to time we may provide links to third party websites and services that we think may be of interest to you. Hahnemann University Hospital makes no representations whatsoever about any other website that you may access through the Sites. When you access a non-Hahnemann University Hospital website, please understand that it is independent from Hahnemann University Hospital, and that Hahnemann University Hospital has no control over the content on that website. In addition, a link to a non-Hahnemann University Hospital website does not mean that Hahnemann University Hospital endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Sites, you do this entirely at your own risk.

     

  3. Limitation of Liability and Disclaimer of Warranties
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    HAHNEMANN UNIVERSITY HOSPITAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITES, INCLUDING ANY CONTENT CONTAINED WITHIN THEM, ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. HAHNEMANN UNIVERSITY HOSPITAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

    YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND LINKED SITES. HAHNEMANN UNIVERSITY HOSPITAL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

    HAHNEMANN UNIVERSITY HOSPITAL AND ANY THIRD PARTIES MENTIONED ON THE SITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT, OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF HAHNEMANN UNIVERSITY HOSPITAL TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. Some states do not allow limitations or exclusions on warranties or certain types of damages so the above limitations may not apply to you.

    Any claims arising in connection with your use of the Sites, any Content or any products or services purchased through the Sites must be brought within one (1) year of the date of the event giving rise to such action occurred.

     

  5. Indemnification
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    By using the Sites, you agree to indemnify and hold us, our officers, managers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites or any products or services purchased through the Sites.

     

  7. Dispute Resolution; Arbitration Agreement
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    We will try work in good faith to resolve any issue you have with Sites if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a user’s satisfaction.

    Any dispute or claim relating in any way to your use of the Sites will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would. To begin an arbitration proceeding, either party must send a letter requesting arbitration and describing the claim to the other party. If you are sending an arbitration request letter to Hahnemann University Hospital, such letter shall be sent to the address set forth below. The arbitration will be conducted by one mutually acceptable arbitrator through the American Arbitration Association ("AAA") under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration, if in person, will be conducted in Philadelphia, Pennsylvania. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In addition, you and Hahnemann University Hospital each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. You and Hahnemann University Hospital both agree that you or Hahnemann University Hospital may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hahnemann University Hospital agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

    If this specific provision is found to be unenforceable, then exclusive jurisdiction and venue for any claims will be in state or federal courts in the Commonwealth of Pennsylvania. You further agree and expressly consent to the exercise of personal jurisdiction of the state and federal courts in the Commonwealth of Pennsylvania in connection with any such claim.

     

  9. Governing Law
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    All matters relating to the Sites and these Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

     

  11. Waiver
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    No waiver of by the Hahnemann University Hospital of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Hahnemann University Hospital to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

     

  13. Severability
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    If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

     

  15. Complete Agreement
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    These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Sites and Content.

     

  17. Effective Date and Changes to These Terms of Use
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    The Effective Date of these Terms of Use is set forth at the top of this webpage. We may change these Terms of Use from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms of Use. Your continued use of the Sites after the Effective Date constitutes your acceptance of the amended Terms of Use. The amended Terms of Use supersede all previous versions.

     

  19. Survival
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The provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive such termination.

 


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