Alliance Health Resources Mobile Division, Ltd.
Terms and Conditions of Service
For use of Website and Online Portal
READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE ACCESSING WEBSITE.
Welcome to http://www.ahrmobile.com (the "Site"). This Site is owned and operated by Alliance Health Resources Mobile Division, Ltd. ("AHR"). Please read these terms and conditions carefully. AHR makes this Site, including the online portal and all information, tools, and services available to you (referred to herein as "you" or "user") strictly on the condition that you agree to all the terms, conditions, and policies stated or referenced herein ("Terms of Service"). By using the Site, you are agreeing to these Terms of Service, and you acknowledge and agree that the Terms of Service constitute a binding, enforceable agreement between you and AHR. If you do not agree to the Terms of Service, you must immediately cease all usage of the Site.
Effective Date: These Terms of Service were last updated on September 1, 2014. The Terms of Service are effective and apply to any and all use of the Site on or after such date.
1. Right to Change Site Content and to Amend Terms of Service
AHR expressly reserves the right, at any time and without any notice to users, (i) to change the Site's content in any manner, and (ii) to amend these Terms of Service. Any changes to these Terms of Service will be effective immediately upon publishing such changes on the Site. The user agrees to review these terms and conditions prior to each and every use of the Site, and the use of the Site following any such change constitutes your express agreement to be bound by the Terms of Service, as may be amended.
2. Disclaimer of Warranties and Content; Limitation of Liability
AHR, AND ANY AND ALL AFFILIATED ENTITIES OR RELATED INDIVIDUALS, EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL INFORMATION, SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ACCESS TO THIS SITE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NEITHER AHR, NOR ANY AFFILIATES NOR ANYONE ELSE RELATED THERETO OR INVOLVED IN CREATING THIS SITE OR DELIVERING ITS CONTENTS, INFORMATION, SERVICES AND OTHER MATERIALS CONTAINED HEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THIS SITE.
NEITHER AHR, NOR ANY AFFILIATES NOR ANYONE ELSE RELATED THERETO SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THIS SITE.
AHR TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY SOFTWARE INACCURACIES OR DEFECTS, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR ANY INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT A USER MAY USE TO ACCESS THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THIS SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
This Site provides information about AHR, and the products and services offered by AHR, including, but not limited to, diagnostic health testing and services, data analysis, employer health assessment and health management solutions, and information about various health conditions.
Certain information contained within this Site may be intended for the use of health care professionals only. Health care professionals should exercise their own clinical judgment when using any information on this Site.
If you are a patient or other non-professional, you should not use information found on this Site to replace a relationship with your physician and should not rely on any information on this Site as professional medical advice. You should always seek the advice of your physician concerning questions you have regarding any health condition. Furthermore, you should always consult with your physician before starting, stopping, or altering any treatment.
The information and services on this Site are not and should not be treated as medical advice. Use of this Site does not create a doctor-patient relationship. No information contained on this Site is intended to be used for medical diagnosis or treatment.
AHR makes no warranties or representations as to the accuracy of the content of this Site. Furthermore, AHR does not assume and expressly disclaims any responsibility, whether direct or indirect, for any action or inaction anyone may take based upon the information on this Site. You assume the entire risk of loss in using this Site.
3. Use of Online Portal
By agreeing to these Terms of Service, the user acknowledges and agrees that the user is requesting access to certain confidential medical information via the Internet using an electronic application and online portal. The user acknowledges and agrees that online portal is intended as a secure online source of confidential medical information, and that the user must have internet access with updated browser software with appropriate security in place. User acknowledges and understands that user's activities within the Site or online portal may be tracked by computer audit and that entries user makes may become part of an electronic record. User acknowledges and agrees that access to the online portal is available only to patients or to those whom patients have expressly authorized the release of confidential medical information in writing.
The user acknowledges and agrees that it is the user's responsibility to select a confidential ID and password, to maintain such ID and password in a secure manner, and to change the ID and password if user believe they may have been compromised in any way. The user acknowledges and agrees that if user shares user's ID and password with another person, that person may be able to view confidential health information. User acknowledges and agrees that AHR is not liable for any loss, injury or claims of any kind resulting from user's disclosure of the confidential ID or password or confidential information on the online portal.
User acknowledges and agrees that access to the online portal is provided by AHR only as a convenience and that AHR has the right to deactivate access to the online portal at any time, with or without cause, and without notice to user. User acknowledges and agrees that use of the online portal is voluntary and that user is not required to use the online portal or to authorize anyone else to receive user's confidential health information via the online portal.
User acknowledges and agrees that the online portal may not be available to user at all times, whether due to system failures, back-up procedures, maintenance, or other causes. Access is provided on an "as-is, as-available" basis and no guarantees are made that user will be able to access the online portal at any particular time.
4. User to Employ Secure Practices
User acknowledges and agrees that the responsibility to maintain security with respect to the user's use of the Site depends upon user employing safe practices with respect to any and all hardware, software or other equipment used to access the Site. AHR does not provide any software, equipment or internet connections with respect to the Site, and user acknowledges and agrees that user is solely responsible for providing all software, computer equipment and other hardware, and internet connections necessary to access the Site.
User may be able to use devices other than a personal computer to access the Site, such as some personal digital assistant, cell phones or other mobile devices. If user chooses to use such device(s) to access the Site, User acknowledges and agrees that User is responsible for protecting it in accordance with these Terms of Service.
User's personal computer or other device may have functions that store and automatically upload user's ID and password for account access, and user acknowledges and agrees that user assumes all responsibility from the use of such functions. If someone else uses user's computer or device, he or she may be able to use these functions to gain access to user's account, personal information or confidential health information. AHR cannot prevent and is not responsible whatsoever for protecting user's computer or device against unauthorized use. User acknowledges and agrees that user is solely responsible for protecting the personal computers or other devices used against unauthorized use to access user's account.
Whenever user is done using the Site, user acknowledges and agrees that user should log off the Site and closer the web browser. User acknowledges and agrees that user should not leave your computer unattended when it is logged on to the Site, and user acknowledges and agrees that user is solely responsible for protecting the personal computers or other devices used against unauthorized use.
Computer viruses, worms, spyware and other malicious software on user's computer or device can be used to gather passwords and personal information, often without a user's knowledge. User acknowledges and agrees that AHR is not responsible for detecting or removing malicious software on computers used to access the Site. User acknowledges and agrees that User will maintain and regularly use current antivirus and antispyware software on any personal computer used to access the Site.
Unauthorized individuals and malicious software can sometimes gain access to computers through internet connections unless the computer has a working firewall. Unauthorized access of this kind may not be easily detected and may allow passwords and personal information to be gathered without the user's knowledge. User acknowledges and agrees that AHR does not provide and cannot be responsible for implementing a firewall for your computer. User acknowledges and agrees that user should maintain a working firewall on any computer or device used to access the Site.
Computer criminals or spammers often send e-mails which appear to come from legitimate sources. These e-mails often ask you to log on to a website using a link in the e-mail, and enter some personal information to "verify," "correct" or "update" account information or request similar actions. This is known as "phishing," and criminals and spammers use "phishing" to obtain personal information from users to use for identity theft and other fraud. AHR WILL NEVER SEND YOU UNSOLICITED E-MAILS ASKING FOR PERSONAL INFORMATION. IF YOU RECEIVE SUCH A PHISHING E-MAIL THAT CLAIMS TO BE FROM AHR, PLEASE DO NOT PROVIDE THAT INFORMATION AND NOTIFY AHR AS SOON AS POSSIBLE.
5. Intellectual Property
Copyright, trademark, and other applicable federal and state laws protect the content of this Site. No unauthorized use of the content of this Site may be made without the express written permission of AHR. Any unauthorized use of the content on this Site may violate copyright, trademark or other intellectual property laws, the laws of privacy and publicity, and/or other civil and criminal statutes.
The Site is owned by AHR. None of the trademarks, service marks, logos or other protected content on this Site or otherwise belonging to AHR may be used without the express written approval of AHR, and this prohibition expressly includes any use in any advertising, publicity, or otherwise to indicate AHR's sponsorship of or affiliation with any product or service. Nothing contained on this Site should be construed as granting, implicitly or explicitly, any right of use to any trademark displayed on the Site or other intellectual property without the express written permission of AHR.
6. Links to this Site or Other Sites
You are expressly prohibited from linking to this Site or otherwise referring to this Site or AHR in any public communications without AHR's advance written consent.
This Site may contain third-party content, and may also include links to third-party websites. We have no control over any third-party content, accessed by or available on this Site. Therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites or content or for the availability of such websites. AHR EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY- OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEB SITE OR CONTENT. If you link to third-party websites from the Site, we encourage you to consult the policy statements and the terms and conditions of each site you visit.
You agree to indemnify, defend, and hold harmless AHR and its respective affiliates, employees, officers, directors, agents, and representatives from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (1) your improper use of the Site or any content provided herein, and (2) any violation of these Terms of Service.
If any provision of these Terms of Service is held to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Service shall remain in full force and effect. Any provision of these Terms of Service that is held to be invalid or unenforceable only in part will remain in full force and effect to the extent not otherwise held invalid or unenforceable.
10. Governing Law and Venue
These Terms of Service and any dispute related to these Terms of Service or this Site shall be construed in accordance with and governed by the laws of the State of Texas and, where expressly preempted or, otherwise, at the option of AHR, the laws of the United States. Subject to AHR's alternative dispute resolution option described below, any dispute between AHR and a user related to these Term of Service or this Site shall be resolved exclusively by the state or federal courts of the State of Texas.
At AHR's sole option, any controversy or claim arising out of or relating to these Terms of Service or the use of the Site, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If AHR elects to exercise this option, then the number of arbitrators shall be either one or three, at AHR's sole option, and the place of arbitration shall be Houston, Texas.
This Site can be accessed from the United States and other countries worldwide. Regardless, by accessing this Site, you agree that the statutes and laws of the State of Texas and, where expressly preempted or, otherwise, at the option of AHR, the laws of the United States, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Site.
AHR makes no representation that material on this Site is appropriate or available for use in other locations, and accessing this information from territories where the content is illegal is prohibited. Those who choose to access the Site from other locations do so by their own initiative and are responsible for compliance with local laws.
These Terms of Service are effective unless and until amended or terminated by AHR. AHR reserves the right to terminate these Terms of Service at any time and without notice, and AHR may deny any or all users access, at any time and without notice.
AHR is headquartered in Deer Park, Texas, U.S.A. Any legal notice or other correspondence including general or specific questions can be addressed to AHR at the following address:
2910 Center Street
Deer Park, Texas 77536
Any questions regarding the Terms of Service, the Site, or the Online Portal, should be directed to AHR at the address stated above.