TERMS AND CONDITIONS OF USE SIGNATURE HEALTH WEBSITES
6. Personal Login Information. Certain features and areas of the Signature Health websites are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The Signature Health is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Signature Health immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
8. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Signature Health websites and not interfere with the use and enjoyment of the Signature Health websites by other users or with the Signature Health’s operation and management of the Signature Health websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Signature Health websites, including, without limitation, information required to be provided through an Signature Health registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the Signature Health reserves the right to terminate your access and use of the Signature Health websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Signature Health websites, or defame or otherwise harm any party, including the Signature Health, through your use of the Signature Health websites.
10. Proprietary Rights. The content of the Signature Health websites includes, without limitation, (i) the Signature Health’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Signature Health Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Signature Health websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Signature Health Content”). Signature Health Content is the property of the Signature Health, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Signature Health Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the Signature Health or the owner of such content if the Signature Health is not the owner. Any use of the Signature Health Marks without the Signature Health’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Signature Health Content, including any such notices appearing on any Signature Health Content you are permitted to download, transmit, display, print, or reproduce from the Signature Health websites.
11. Responsibility for Use of the Internet and the Signature Health websites. Use of the Internet and the Signature Health websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The Signature Health does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Signature Health websites over the Internet or other communication network. The Signature Health shall not be obligated to correct or update the Signature Health websites, the Signature Health Content or the User-Generated Content and the Signature Health shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Signature Health websites.
12. Medical Disclaimer. The Signature Health Content is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
13. Patient Information. The Signature Health websites, including any public forums which you may access via the Signature Health websites, may contain confidential patient information (“Patient Information”). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Patient Information, including transmitting Patient Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Patient Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Patient Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.
14. Third Party Information. The Signature Health websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the Signature Health websites are those of the respective third party and not of the Signature Health or its affiliates. The Signature Health makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
15. Advertisers. The Signature Health websites may contain advertisements of third parties. The inclusion of advertisements on the Signature Health websites does not imply endorsement of the advertised products or services by the Signature Health. The Signature Health shall not be responsible for any loss or dSignature Healthge of any kind incurred as a result of the presence of such advertisements on the Signature Health websites. Further, the Signature Health shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Signature Health websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
16. Links to Third Party websites. The Signature Health websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the Signature Health exercises no control. The appearance of any such third party links (provided by the Signature Health or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Signature Health websites, you do so entirely at your own risk.
17. Links to Signature Health websites and Signature Health Content. Links posted by third parties to the Signature Health websites and/or Signature Health Content may not use the Signature Health trademark or logo and shall not suggest that the Signature Health promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the Signature Health websites shall be the responsibility of the linking party. The Signature Health reserves the right to require any linking party to disable or remove any link that violates the Signature Health’s rights or causes interruption or deterioration of Signature Health Content.
18. Warranties Disclaimed. THE Signature Health WEBSITES AND Signature Health CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE Signature Health, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “Signature Health PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE Signature Health WEBSITES OR Signature Health CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE Signature Health WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Signature Health WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) Signature Health CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE Signature Health WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
19. Limitation of Liability. THE Signature Health PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE Signature Health WEBSITES AND/OR ANY Signature Health CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE Signature Health WEBSITES AND/OR Signature Health CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE Signature Health WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE Signature Health WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Signature Health WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE Signature Health WEBSITES ARISING OUT OF CAUSES BEYOND THE Signature Health’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE Signature Health CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE Signature Health WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE Signature Health WEBSITES OR Signature Health CONTENT.
20. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND Signature Health’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
28. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Signature Health websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.