Terms and Conditions of Use of Website
If you need immediate medical attention, please do not attempt to contact us through this website. Call your Primary Care Physician immediately, or seek medical attention through the nearest Emergency Room. This Terms and Conditions of Use Agreement (“Agreement”) is a legal agreement between you and BHS that governs your use of this website. By continuing to access and/or view our site, you hereby agree to be bound by the terms of this Agreement. Occasionally, the terms of this Agreement may change. If you access our site at any time after such a change in terms of the Agreement is posted, then you are deemed to have accepted and agreed to all of the revisions.
We grant you a personal, non-exclusive, non-transferable license to access our site and the information contained within the site. The information may not be distributed, modified, reproduced, or transmitted in whole or in part without our written permission, except you may make a limited number of copies from the site for your own personal, noncommercial use.
Our site may contain software tools or databases that allow you to search and retrieve information. You may not sell, distribute or commercially exploit the database or the results of any database search performed on this site. You may make a very limited number of hard copies of any search output that does not contain a significant segment of a database, for your personal use only. You may not sell, rent, lease, lend, or transfer any services provided on this site and you may not assign or sublicense this license.
Our site contains various types of information originating from BHS or third parties.
AS THE USER OF THIS SITE, YOU ASSUME FULL RISK FOR ANY AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED ON THE SITE. THE BHS SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR A HEALTH CONDITION. YOU AGREE TO HOLD BHS HARMLESS FROM ANY CLAIMS RELATING TO YOUR USE OF, OR ERRORS IN INFORMATION FOUND ON THIS SITE IN EXCHANGE FOR YOUR USE OF THE SITE.
We expressly disclaim any warranty for our services or the adequacy, accuracy or completeness of the information or services included on our site, or that the services will be uninterrupted or error-free. We expressly disclaim liability for errors in or omissions from services, information, or materials.
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON OUR SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NO INFRINGEMENT. RISK ARISING OUT OF USE OR PERFORMANCE OF THESE SERVICES REMAINS WITH YOU.
Use of any services offered on this site (“Services”) is at your risk. We will not be liable for any harm to you or others resulting from the use of our Services. With regard to vendors and information providers, we do not investigate, endorse, or otherwise recommend or approve any product or information located on or available through our site. To the maximum extent permitted by law, in no event will we or our suppliers or agents be liable for any special, incidental, or indirect, consequential or punitive damages whatsoever, including, without limitation, damages for personal injury, wrongful death, loss of revenue; business interruption; loss of business information; or any other pecuniary loss; loss of technology; loss of rights or services; loss of data; interruption or loss of use of any equipment; mental anguish; emotional distress; or invasion of privacy, arising out of the use of or inability to use the Services, even if we have been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise.
We do not own or control other networks, sites, or hyperlinked sites outside of our own site, including the outside vendors accessed through our site. We are not responsible or liable for performance (or non-performance) within such networks or interconnection points between our Services and other networks and/or sites that are operated by third parties. We also make no representation regarding your ability to transmit and receive information from or through our site and you agree and acknowledge that at times your ability to access our site may be impaired or disrupted. Although we will use commercially reasonable efforts to take any action we consider appropriate to remedy and avoid such events, we cannot guarantee that they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events.
You may use our services for lawful purposes only. You may not use our services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, but are not limited to, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this site. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. You may not “flood” or disrupt our site through any means or process. You are responsible for all use of our services and our site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to our site via your computer.
You agree to defend us from and against any and all claims, actions or demands brought by or against us alleging: (a) with respect to you: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement; (b) any damage or destruction to our site or to us, or to another person or party which damage is caused by or otherwise results from your acts or omissions. You agree to indemnify us from and against all damages, costs, and fees awarded in favor of third parties, and you will indemnify and hold us harmless against any and all claims, demands, liabilities, losses, damages, expenses and costs (including reasonable attorneys fees) (collectively, “Losses”) suffered by us which Losses result from or arise out of the above claims. If you are a member of participating health plan, then your obligations under this paragraph will extend to your health plan.
We reserve the right to investigate suspected violations of this Agreement. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
We operate and control our site from our location in Birmingham, Alabama, United States of America. We make no representation that any information, materials or functions included on or through our site are appropriate for use in any other jurisdiction. If you choose to access our site from locations other than Alabama, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.
The laws of Alabama govern this Agreement, and shall govern any dispute relating to this Agreement.
In the event any provision of this Agreement is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
We are not liable for any failure or delay in our performance due to any cause beyond our reasonable control, including the act or war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet.
We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us. If you are accessing or using the site as a member of a participating health plan, your health plan is a third party beneficiary to this Agreement.
Your acceptance of these TERMS & CONDITIONS signifies that you have read and understood the STATEMENT OF PROTECTION on this site.
Thank you for taking the time to review this Agreement. We look forward to providing services to you.