ALLIED PEDIATRICS WEBSITE TERMS AND CONDITIONS

Introduction

This website is provided by Allied Pediatrics, PLLC and our physicians, employees, managers, officers, directors, agents and representatives, each of which is an intended third party beneficiary hereof (Collectively, "Allied Pediatrics"). By accessing this website (the "Site"), you are indicating your acknowledgement and acceptance of the Website Terms of Use that follow ("Terms of Use"). The Terms of Use are subject to change by Allied Pediatrics at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. If, in addition to using this Site, you will also use the Patient Portal, please note that your use of the Patient Portal is also governed by separate Terms and Conditions (see the link at the bottom of the Patient Portal sign-in page), which supplement these Terms of Use. To the extent any provisions of these Terms of Use conflict with the Patient Portal Terms and Conditions, the latter shall control with respect to use of the Portal.

Restrictions on Use

All material included on this Site, such as product or service descriptions, text, graphics, logos, images, photographs, video, audio clips, digital downloads, data compilations and software (the "Content"), is the property of Allied Pediatrics, and/or third-party licensors. Modification or use of the Content except as expressly permitted by Allied Pediatrics violates these Terms of Use and, as applicable, Allied Pediatrics' intellectual property rights. The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Allied Pediatrics. You also may not alter or modify, exploit or use health information relating to any third party for which you are not an authorized representative that you may properly or improperly view through your use of the Patient Portal. Notwithstanding the foregoing; you may use the Site as follows::

  • 1. You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
  • 2. You may use this Site, provided that you have set up an account to use the Patient Portal and agree to applicable Terms and Conditions, to:
    • a. Access your medical records.
    • b. Make appointments to be seen or treated by an Allied Pediatrics care provider.
    • c. Communicate with your care provider. You understand that your care provider may not be able to dispense medical guidance or opinions without having seen or treated a particular condition for which you seek guidance or opinions. Further, your care provider may only order or prescribe medications in accordance with applicable requirements and, therefore, may not be able to satisfy all requests for prescription medication.
    • d. Receive test results and other communications or services.
  • Users of the Site must not:

    • 1. Monitor, gather or copy any Content on this Site by using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
    • 2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
    • 3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
    • 4. Attempt to circumvent the security systems of the Site.
    • 5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Allied Pediatrics server.
    • 6. Attempt to use the Site for any purposes other than those permitted herein.
    • 7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
    • 8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

    The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Allied Pediatrics becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, Allied Pediatrics reserves the right to revoke your right to these permitted uses.

    Disclaimer

    Allied Pediatrics does not guarantee that the Site or its content is error free and makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

    THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALLIED PEDIATRICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.

    Limitation of Liability

    Neither Allied Pediatrics shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event will Allied Pediatrics be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if previously advised of the possibility of such damages, arising in an action in contract, negligence, or otherwise, relating to the use or inability to use the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement.

    Intellectual Property

    Nothing posted on this Site grants a license to any Allied Pediatrics trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

    Third Party Trademarks

    Trademarks displayed on this Site not owned by Allied Pediatrics (if any) are the property of their respective owners, who may or may not be affiliated with Allied Pediatrics. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited.

    Linked Sites

    This Site may link to or be linked from other websites that are not maintained by, or related to, Allied Pediatrics. Allied Pediatrics does not endorse, and is not responsible for, the content of any of those third-party websites.

    Sales of Services /Products

    All sales of services and/or products are subject to Allied Pediatrics' Patient Portal Terms and Conditions, a link to which is available in the Patient Portal, and such other terms as are agreed upon or apply by operation of applicable law.

    Indemnity

    You will indemnify, defend and hold harmless Allied Pediatrics from and against any claim, cause of action, liability, loss or expense (including reasonable attorneys' fees) arising from your breach of these Terms of Use and/or, as applicable, the Patient Portal Terms and Conditions, or your use of services or goods acquired hereunder, except where caused by the sole negligence of Allied Pediatrics.

    International Use

    Allied Pediatrics makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

    Governing Law

    You agree that your use of this Site, the Terms of Use, the Patient Portal Terms and Conditions as applicable, and any disputes relating thereto shall be governed in all respects by the laws of the State of Tennessee. Further, you agree that any dispute shall be resolved solely in the state or federal courts located in Hamilton County, Tennessee and consent to personal jurisdiction and venue in such courts.

    Notice

    Any notice required or permitted hereunder shall be deemed delivered by Allied Pediatrics if provided to you at the address of record in your account or as otherwise on record with Allied Pediatrics.

    HIPAA and Confidentiality

    To the extent HIPAA may apply to your use of information accessed or retrieved from this Site that qualifies as Protected Health Information, you agree to execute such agreements as required by and otherwise comply with applicable security and/or privacy rule requirements.

    Allied Pediatrics provides the Patient Portal as a secure basis to transmit, receive and update your personal, medical and health related information. Allied Pediatrics is not responsible for disclosure or unauthorized access to your personal, medical or health related information that may result from your failure to properly use the Patient Portal and/or available secure channels provided.

    Thank you for visiting our Site. Please contact us if you have any questions.

    7405 Shallowford Rd, Suite 270
    Chattanooga, TN 37421-2662

    423-602-9545