330.237.8000 CustomerService@AcuteCareSpecialists.com

Legal Notices

LEGAL NOTICES

The Legal Notices (“Notices”) for the Acute Care Specialists LLC (“ACS”) Website includes our Terms & Conditions of Use, Copyright Notification, Privacy Policy and Disclaimer of Warranties and Limitation of Liability. PLEASE TAKE YOUR TIME AND READ OUR LEGAL NOTICES CAREFULLY AND FREQUENTLY AS THEY ARE SUBJECT TO CHANGE.

Definitions

As it pertains to these Notices, the following definitions are provided.

In these Notices, the word “Terms” refers to the Terms & Conditions of Use expressly written in these Notices.

In these Notices, the word “ACS” refers to Acute Care Specialists LLC and all related entities, affiliates and subsidiaries of Acute Care Specialists LLC. Unless the context requires otherwise, references to “ACS”, “we,” “our,” “us,” “Organization” and “Medical Practice” refers to Acute Care Specialists LLC and all related entities, affiliates and subsidiaries.

In these Notices, the word “Site” refers to this website, the products and services offered on the Site, and all web pages published for public or private viewing by any device on the following URL: www.acutecarespecialists.com.

In these Notices, the word “Content” refers to the text, illustrations, images, icons, logos, videos, audios, concepts, tools, data compilations, software, designs and any improvements or modifications to such Content and the collection, arrangement and assembly of this Content on the Site.

 


TERMS & CONDITIONS OF USE

Acceptance of Terms

PLEASE TAKE YOUR TIME AND READ OUT TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY AND FREQUENTLY AS THEY ARE SUBJECT TO CHANGE. By using or logging into our Site, you automatically agree to these Terms and to our Privacy Policy. These Terms represent a binding agreement between you and Acute Care Specialists LLC (“ACS”). With continued use of our Site, now and in the future, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT OUR SITE IMMEDIATELY. WE APPRECIATE YOUR COOPERATION.

We reserve the right, at any time, to change, modify and update these Terms, and any such change, modification or updates will be effective immediately upon posting of the revised Terms on the Site. You should read these Terms periodically so you are familiar with any such revisions. If we modify or update these Terms, your continued use of the Site will signify your acceptance of any such changes. IF YOU DO NOT AGREE WITH THESE REVISED TERMS, PLEASE EXIT OUR SITE IMMEDIATELY. WE APPRECIATE YOUR COOPERATION.

Use of Site

The Content of our Site may be viewed and accessed only for your personal use and should NOT be used for any commercial use. The information contained in our Site is offered solely for your consideration and is subject to your verification. It is not to be taken as a warranty or representation for which ACS assumes legal responsibility, nor does ACS grant permission to use or practice anything contained within the Site or recommend such use or practice. The information contained in our Site should NOT be used as professional medical advice or for the diagnosis or treatment of any medical condition. You should consult with a licensed physician for diagnosis and treatment of all medical conditions. IF THIS IS AN EMERGENCY, PLEASE CALL 911 OR SEEK OTHER EMERGENCY SERVICES IMMEDIATELY.

Furthermore, the ACS site or its Content does not create a patient-physician relationship or any other relationship that obligates ACS, or any of its medical providers, employees, agents, officers or members to provide any duties or medical services.

You agree to access the Site through a web browser. You further agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the Site. You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of ACS or any other Site user.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion of or information on the Site, without the prior written permission of ACS.

ACS assumes no liability, and shall not be held responsible for, any action you take while using the ACS Site.

Use of Information and Materials on the Site

The information and all the Content contained on the Site are subject to change. The Site is designed to provide general information about ACS and health-related information. The information contained within the Site is not intended to provide medical advice, nor does it obligate the use of products or services, developed or endorsed by ACS. ACS shall not be held responsible for any action taken that is based on the information presented on the Site. All users of the Site agree that any use of the Site and its Content, is at the user's own risk.

You may download, view, copy and print information, documents and other materials for personal informational purposes only. You are prohibited from doing the same if any of the following apply:

  • This information will be used for commercially;
  • Use of this information will infringe upon or violate copyright, trademark, patent, trade secret or other proprietary rights;
  • The information and materials will be used for any purpose other than personal informative use.
  • The information, materials or any proprietary notices therein will be modified or altered in any manner;
  • Use of the information will be harmful to ACS in any matte whatsoever.

You agree NOT to upload on or transmit to or via the Site any information or content under the following conditions:

  • If the content violates any applicable laws or regulations
  • If the uploaded content infringes upon or violates copyright, trademark, patent, trade secret or other proprietary rights;
  • If the uploaded content is in any way illegal, threatening, defamatory, or libelous;
  • If the uploaded content is in any way pornographic, obscene, racially/socially insensitive, derogatory, degrading, or exploitative;
  • If the uploaded content contains viruses, worms, Trojan Horses or other features that would make uploading the content contaminating or destructive to the Site or any of the Site users’ devices.
  • If uploading the content will be harmful to ACS, the Site or any of the Site’s users in any manner whatsoever.

Not Medical Advice

No aspect of the Site is intended to provide, or should be construed as providing, any professional medical advice, diagnosis or treatment of any kind. The Site may contain Content relating to various medical, health and fitness conditions and their treatments. Such Content is intended for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other health care professional. You should not use the information contained on the Site for diagnosing a medical, health or fitness related condition or disease. If you have any concerns or questions about your health or medical condition, you always should consult with a physician or other health care professional. Never disregard, avoid or delay obtaining medical or health care advice or assistance from your health care professional because of something you may have read on the Site, or otherwise consider any Content on the Site to be a substitute for professional medical advice. IN AN EMERGENCY, CALL 911 OR SEEK OTHER EMERGENCY SERVICES IMMEDIATELY.

Access to the Site and Account Security

We may restrict access to parts of the Site, to users. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide information for registration or access. It is a condition of your use of the Site that all information you provide to register or secure access is correct, current and complete. You agree that all information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a user name, password or other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other security breach. You also agree to ensure that you exit from your account at the end of each session.   We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

Links to the ACS Site

You may place a link to the ACS Site on your site or other materials if all the following conditions apply:

  • You have received the prior written consent from ACS to use a link to our site;
  • The link only leads to the homepage of the ACS Site;
  • Your site or materials do not contain content that violates any applicable laws or regulations; infringes upon or violates copyright, trademark, patent, trade secret or other proprietary rights of ACS or any other third party; is in any way illegal, threatening, defamatory, or libelous; is in any way pornographic, obscene, racially/socially insensitive, derogatory or degrading, or exploitative; contains viruses, worms, Trojan Horses or other features that would be contaminating or destructive to the Site or any of the Site users’ devices; will be harmful to ACS, the Site or any of the Site’s users in any manner whatsoever.
  • Your link and any other content on your site does not suggests your site or organization is sponsored by or affiliated with ACS or the Site.

You agree to cooperate with us in ceasing all links that do not adhere with these conditions for linking to the ACS site. At any time, we reserve the right to revoke any prior consent to link your website to the Site. Please note that ACS is not responsible for the content or activities associated with any website, resource or entity that is linked to or from this Site.

If you use links on the ACS Site, you may leave this Site and enter a third-party site, including but not limited to, social media sites. ACS has not reviewed all third-party sites and does not control and is not responsible for any of these sites or their content. Thus, ACS does not endorse or make any representations about these sites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to the ACS Site, you do so entirely at your own risk. With our own discretion, we may disable all or any social media features and links at any time without notice.

If you breach any of these Terms, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials. ACS also reserves the right to delete any of your accounts at any time if you breach or threaten to breach any of these Terms.

 


COPYRIGHT NOTICE

© 2017 Acute Care Specialists LLC. All rights reserved.

All the Content on the ACS Site are copyrighted by Acute Care Specialists LLC unless otherwise noted.

Any of the Content or materials contained on the Site may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted or otherwise used in any format or media except as provided in this Section without the express prior written permission of ACS. The unauthorized copying, reproduction, distribution, display, modification or use of any portion of the Site constitutes actionable copyright infringement.

Intellectual Property

The entire Content of the ACS Site, including but not limited to text, ACS logo, ACS CARE Model, ACS C+A+R=E2 Values, images, illustrations, concepts, tools, icons, photos, displays, video, audio, software, data compilations and the design, improvements, modifications, selection and arrangement thereof, is owned by ACS, its licensors or other providers of such material, and are protected by copyright, trademark, and other intellectual property or proprietary rights laws. You may not distribute, reproduce, create derivative works of, publicly display, publicly perform, republish, download, modify, reuse, repost, transmit or otherwise use any Site content except as provided herein without the express prior written permission of ACS. You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use, and not for further reproduction, publication or distribution. You shall not modify copies of any Content from the Site and use any Content from the Site for commercial use. You shall not delete or alter any copyright, trademark or other proprietary rights notice from copies of materials from the Site. Any commercial use of these materials for any purpose is strictly prohibited. All product and services names, regardless of whether they appear in large print or with a trademark symbol, are trademarks of ACS, or its licensors unless otherwise noted. All Content on the Site is the property of ACS or its licensors and is protected by United States and international copyright and other intellectual property laws.

We retain title, all intellectual and proprietary rights (including, without limitation, patent, copyright, trademark and trade secret rights), and all other rights in and to the Site, all information, resources, content, tools, services and other features accessible thereon, all our business methods and processes, and all modifications, improvements, enhancements and new functionalities added to any of the foregoing. Except for the access and usage privileges that we specifically grant to you in and subject to these Terms, nothing shall be construed to grant to you or any other user any license, title, interest or right in or to any of the foregoing

The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may violate copyright law, trademark law, communications regulations and other laws or regulations.

 


 

PRIVACY POLICY

Acceptance of our Privacy Policy

PLEASE TAKE YOUR TIME AND READ OUR ENTIRE PRIVACY POLICY CAREFULLY AND FREQUENTLY AS IT IS SUBJECT TO CHANGE. By using or logging into our Site, you automatically agree with this Policy and any changes made to this Policy. With your continued use of our Site, now and in the future, you agree to be bound by this Policy. IF YOU DO NOT AGREE TO BE BOUND BY THIS POLICY, PLEASE EXIT OUR SITE IMMEDIATELY. WE APPRECIATE YOUR COOPERATION.

The terms of our Privacy Policy (‘Policy”) are hereby incorporated as part of the Terms. The protection for any information you post or provide to ACS via the Site are described in our Privacy Policy. AFTER REVIEW OF THE POLICY YOU SHOULD CONSIDER THE PRIVACY IMPLICATIONS BEFORE YOU PROVIDE ANY INFORMATION TO ACS.

All of us at ACS respect your privacy and are deeply committed to protecting it as provided in this Policy.

This Policy describes the types of information we may collect from you or that you may provide when you visit the ACS Site and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect on the ACS Site.

It does not apply to information collected by us offline, by vendors or other third party associates of our Organization, by ACS via direct contact, phone calls, faxes and emails not sent thru the Site, or any other means that does not originate from the Site.

Password-protected areas of the Site are subject to additional terms and agreements with ACS.

Children under the Age of 18

Our Site is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use this Site. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information immediately.

Information We Collect about You and How We Collect It

We may collect information from users of our Site, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number or any other information the Site collects that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline (“Personal Information”or “PI”);
  • That is about you but individually does not identify you, and/or
  • About your Internet connection, the equipment you use to access our Site, usage details, IP addresses, location data, logs, operating systems, browsers and other information collected by various web tracking technologies.We collect this information directly when provided by you or automatically as you navigate our Site.You also may provide information via posts that will be published or displayed on public areas of the Site, or transmitted to other users of the Site or third parties. When you post PI or other information on our Site, you do so at your own risk. Additionally, we cannot control the actions of other users of the Site and what they choose to do with information posted on our Site. Therefore, we cannot and do not guarantee that your posted information will not be viewed by unauthorized persons.We use information that we collect about you or that you provide to us, including any personal information:

How We Use Your Information

  • To present our Site and its Content to you.
  • To provide you with information, products, or services that you request from ACS.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any agreements between you and ACS, including for billing and collection.
  • To estimate our audience size and usage patterns.
  • To store information about your preferences, allowing us to customize our Site according to your individual interests.
  • In any other way that we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose PI that we collect or you provide as described in this privacy policy:

  • We may disclose aggregated information about our users and information that does not identify any individual without restriction.
  •  To our subsidiaries and affiliates.
  • To contractors, service providers, and other third party vendors we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ACS’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ACS about our Site users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your PI:

  • To comply with any court order, law, or legal process, including a response for a government or regulatory request.
  • To enforce or apply our Terms and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our customers, or others. (This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.)

Accessing and Correcting Your Information

You can review your information by using the Site or logging into our Site if information is stored on password protected parts of our Site.

You can correct your information by contacting ACS at CustomerService@AcuteCareSpecialists.com and making a request to change of your information or by logging into our Site if your information is stored on password protected parts of our Site and correcting your information yourself. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your posted information from the Site, copies of your posted may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including posted information, is governed by our Terms.

Data Security

We have implemented measures designed to secure your PI from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Site.  The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of PI is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for periodically visiting our Site and reading this privacy policy to check for any changes.

To ask questions or comment about this privacy policy and our privacy practices, please contact us at

CustomerService@AcuteCareSpecialists.com.

 


 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ACS makes no, and hereby disclaims all, representations, endorsements or warranties of any kind, express or implied, as to the availability, operation and use of the Site or that the Content or services provided via the Site are accurate or suitable for any particular purpose. You expressly agree that your use of the Site, including all Content, services, software or information made available on this Site, is at your own risk and that all such information, materials and services are provided on an “as is” and “as available” basis. Neither ACS, its directors, officers, employees or agents make any representations or warranties of any kind or nature whatsoever regarding the Content of this Site, information made accessible by the software used on this Site, or any products, services or hypertext links to outside websites. ACS, its affiliates and its directors, officers, employees, agents and representatives disclaim any express or implied warranties of any kind or nature whatsoever, including, without limitation, warranties related to any course of dealing, usage or trade practice, and implied warranties of noninfringement, merchantability and fitness for a particular purpose. In addition, ACS does not represent or warrant that the information accessible via the Site is accurate, complete or current, and is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the Site. ACS does not represent or warrant that a user’s access will be uninterrupted, secure, or free of errors, viruses, or other harmful components.

In no event will ACS, its affiliates, or its directors, officers, employees, agents or representatives be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the Site (including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), and regardless of the form of action, whether in contract, tort or any other theory of liability arising in connection with any party’s use of the Site or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this Site or any website operated by any third party or any contents of this Site or any other website, even if ACS is aware of the possibility of such damages.

Certain state laws do not permit limitations on implied warranties or the exclusion or limitation of certain types of damage, and thus some or all of the disclaimer, exclusions or limitations above may not apply to you. Such disclaimers, exclusions and limitations apply to the maximum extent permitted by law. If you are dissatisfied with any aspect of our Site or the services available via our Site, your sole and exclusive remedy is to discontinue access.

Links to Third-Party Sites

The Site may provide links to the websites of third parties. Such links are provided solely as a convenience to you. ACS is not responsible for the content of such links, or any advertisements, products, services or other materials relating to such links, any linked site, or any link contained in a linked site. The display of any link or related content does not imply endorsement by ACS of the linked site or any content therein. IN NO EVENT WILL ACS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKS OR RELATED CONTENT, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH LINKS, ANY LINKED THIRD PARTY WEBSITE, OR ANY LINK CONTAINED IN A LINKED WEBSITE. Prior to navigating or purchasing products via any third party website, you should carefully review the privacy statements of such third party and the third party’s terms and conditions of sale and website use.

ACS is not responsible for third-party linked websites nor is ACS responsible for the content of any of the linked websites. ACS provides these links as an additional resource for its users and does not endorse the companies that own, control or manage the linked websites, nor does ACS endorse or support any views expressed or products or services offered by or through any linked websites.

Indemnification

You agree to indemnify and hold ACS harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from or in connection with (i) your use of the Site or any information or materials contained or displayed therein; (ii) your violation of these Terms; (iii) any materials, information or content you post on the Site or otherwise provide to ACS; or (iv) your violation of any rights of any third party.

Governing Law The laws of the State of Ohio will govern these Terms, without giving effect to any principles of conflict of laws. You agree that any action arising out of the Terms, your use of the Site, or any other dispute with ACS shall be brought in Ohio’s Cuyahoga County or the state and federal courts in the Northern District of Ohio, and you consent to the jurisdiction of such courts.

Miscellaneous

ACS reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site. ACS’ decision not to pursue legal action for any violation of the Terms shall not be construed as a waiver of the Terms or ACS’ legal rights. If any portion of these Terms is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms set forth the entire understanding between you and ACS with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and ACS with respect to such subject matter.

Contact

If you have any questions relating to these Terms, our Privacy Policy, the Site or ACS, please email CustomerService@AcuteCareSpecialists.com.

Notification of Claimed Infringement

If you are a copyright owner or an agent thereof and believe that any material or content on the ACS website constitutes copyright infringement, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”) by forwarding the following information in writing to the e-mail address listed below (a “Notice”): (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by ACS, any alleged infringer, or any copyright owner or its authorized agent or licensee. Notice must be e-mailed to: CustomerService@AcuteCareSpecialists.com.

These ACS Legal Notices were last updated on April 21, 2017.