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Disclaimer

TERMS OF USE

 

Please read this agreement entirely and carefully before accessing this website. By accessing the site, you agree to be bound by the terms and conditions below, which are intended to be fully effective and binding upon all users.

Disclaimer

Frederick Memorial Hospital's (FMH) internet web site (www.fmh.org) is an online information and communication service that is provided to the community for educational purposes only. The information provided should in no way be taken to be the provision or practice of medical, nursing or healthcare diagnosis, advice or services. FMH has used reliable sources in an effort to provide broad consumer understanding and knowledge of health related topics.

This information should not be considered complete or to be a substitute for a call, visit, consultation or advice from your physician or other healthcare providers, as necessary. If you have specific health-related questions, you should call your physician or other health care provider. If you have a health problem, or think you may, we urge you to consult your own physician. Do not depend on the information presented on this site, as each individual case is different.

You exercise your own judgment when purchasing any product or selecting a physician through any site or service linked to this web site. In addition, while FMH frequently updates its contents, medical information changes rapidly and therefore, some information may become out of date, and/or contain inaccuracies or typographical errors. Any errors or inaccuracies are unintentional and will be corrected as soon as possible after discovery.  The use of this web site is at your own risk.  FMH assumes no liability for, or relating to, errors, delays, failure, interruption, or corruption of data or other information transmitted in connection with the use of this web site.

User Agreement

You agree not to use this service for any purpose that is unlawful or prohibited by this agreement. We reserve the right to deny access to any part of this service at our sole discretion. You are personally responsible for the materials, such as emails with or without attachments, that you send.

You agree to be bound by the terms and conditions of this Agreement, which includes the FMH Privacy Policy linked to this Agreement. FMH may modify this Agreement at any time, and such modification shall be effective immediately upon posting of the modified Agreement to the FMH internet web site. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the FMH web site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement.

Consents and Copyrights

All trademark, logo or copyrighted material contained within these pages is the sole property of Frederick Memorial Hospital (FMH). Any reproduction or redistribution of this material beyond personal use is prohibited without the express written consent of FMH. Any reproduction of illustrations or photographs appearing on these pages beyond personal use is strictly prohibited, unless prior written authorization is obtained from FMH.  Please notify us immediately of any unauthorized use on this website, and of any non-FMH owned trademark, logo or copyright.

Copies

We hereby grant you the right to view and use this web site subject to the terms and conditions of this Agreement. Permission to reprint or electronically reproduce any document or graphic in whole or in part is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).

Privacy

We respect your personal privacy. Please see our Privacy Policy, which is incorporated by reference into this Agreement, for the details of our commitment.

Security

E-mail and correspondence on this site are not secure.

Links

FMH web site may contain links to or advertisements for web sites operated by other parties. The links or advertisements are provided for your convenience only. Neither we nor our suppliers control such web sites and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to or advertisements for such web sites is for convenience only does not imply any endorsement of the material on such web sites or any association with their operators.

Anyone linking to FMH web site must comply with these guidelines for linking to the site and all applicable laws.  A site that links to FMH web site:· 

  • May link to, but not replicate FMH content
  • Should not create a browser, border or frame environment around FMH content
  • Should not imply that FMH is endorsing it or its products
  • Should not misrepresent its relationship with Frederick Memorial Hospital
  • Should not present false information about FMH services
  • Should not use the FMH logo without written permission from Frederick Memorial Hospital Should not contain content that could be construed as distasteful, offensive or controversial
  • Should not contain content that promotes illegal material or activities such as hate speech or obscene content
  • Should not contain false or misleading information
  • Should not contain religious, political or philosophical views inconsistent with the mission and values of Frederick Memorial Hospital.
  • Should contain only content that is appropriate for all age groups

Warranty Disclaimer

Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. The content areas should not be relied upon for specific medical advice.   We assume no responsibility for how you use the information provided through the FMH web site.

You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

The Information on this Site is Provided "As Is"

We and our suppliers make no representations or endorsement about the suitability for any purpose of products and services available through this site. We and our suppliers do not guarantee the timeliness, validity, completeness or accuracy of information made available to you for any particular purpose. We and our suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the products, services and information contained on or made available through this site, including but not limited to the availability of this site, lack of viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties, or any failure to provide the service.

Indemnification

You agree to indemnify, defend and hold harmless FMH, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing FMH's web site.

Limitations on Liability

You agree that neither FMH, nor its officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of FMH's web site.   You hereby release and forever waive any and all claims you may have against FMH, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of FMH, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of the web site.

Physicians shall not be held responsible for providing information through this web site under any theory of liability or indemnity. The physicians who respond to inquiries prompted by this web site provide information solely intended to educate and inform. Responses do not create a patient-physician relationship between the answering physician and the individual submitting the request.

Notwithstanding the foregoing paragraph, the total liability of FMH, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers, if any, for losses or damages shall not exceed the fees paid by the user for the particular information or service provided. In no event shall FMH, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of FMH are hereby excluded even if FMH, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers have been advised of the possibility of such damages.

Neither Frederick Memorial Hospital (FMH), nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of FMH or of any vendor providing software or services support.

To the maximum extent permitted by applicable law, in no event shall FMH be liable for any direct, special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of data, or any other pecuniary loss) arising out of or in any way connected with the use or performance of this web site, with the delay or inability to use this web site, the provision of or failure to provide services, or for any information, services and related graphics contained on or made available through this web site and the provision of or failure to provide the service, even if we have been advised of the possibility of such damages.  Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

Jurisdiction

This service is not targeted to users in a particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of FMH, nor to constitute any contacts with any jurisdiction outside of the State of Maryland. This Agreement is entered-into and performed in the state of Maryland, United States of America, and is governed by and shall be construed in all respects under the laws of Maryland, inclusive of its choice of law or conflict of laws provisions. Any controversy, dispute or disagreement arising out of or relating to this Agreement, or breach thereof, shall be settled by mediation or, if unsuccessful, binding arbitration with a single arbitrator in accordance with the rules of the American Health Lawyers Association. Such mediation or arbitration proceeding shall be held in Frederick County, Maryland.  Each party shall be responsible for his/her/its expenses and shall split equally the costs for the mediation and/or arbitration; provided, however, that the arbitrator, in his/her discretion, may require the full payment of arbitration fees to be made by the non-prevailing party.  Judgment on the award rendered by the arbitrator may be entered in the Superior Court of Maryland or, if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the District of Maryland. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.


    

 

 

 

 

                   

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