Terms of Use

 

 

Date Last Modified: October 23, 2017
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911

The following Terms of Use apply to your use of the Annum application, and our website, and the information and content available in the same, as well as your use of any interactive features on the app (collectively referred to as the “app” or the “App”).

By visiting, accessing, reviewing and/or otherwise using our app, its information and content and services, and various interactive features you accept, without limitation or qualification, the following Terms of Use, which constitutes an Agreement between you and AHS. We may change these terms from time to time. Please read and review these Terms of Use carefully before using this app. If you do not agree to these Terms of Use, you may not access or use the app. 

 

 

As used in these Terms of Use, “AHS” includes Annum Health Services LLC (which is the provider of certain administrative and management services to various professional entities and itself does not provide professional medical services), Annum Health Inc.,  AHS Physicians Group, PLLC, and AHS Behavioral Group, PLLC, and their subsidiaries/affiliated/contracted entities, employees, and contractors, including any entity that may render services related to AHS, and all of their subsidiary and affiliated entities and companies (including www.annum.com). AHS may be referred to in these Terms of Use as “we,” “us,” “our” and “ourselves.” Users of this app may be referred to in these Terms of Use as “users,” “you” or “your.”

This App is intended for use only by persons who are at least 18 years of age and with sufficient capacity to consent to these Terms of Use. For individuals who are under age 18, a parent or legal guardian must accept these Terms of Use and any related consent on his or her behalf.

 

 

Acceptance Procedure

By accessing or using our app and/or registering with AHS, you agree with all of the terms and conditions of this Terms of Use. You agree to indemnify, defend and hold harmless AHS, and each of their managers, members, officers, directors, employees and agents, from and against all liabilities, losses, expenses, damages and costs (including attorneys’ fees), resulting from any violation by you of these Terms of Use.

We reserve the right, at our sole discretion, to change the terms and conditions of these Terms of Use from time to time, and your continued use of our app constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes. These changes to the Terms of Use notwithstanding, this Terms of Use constitutes the entire agreement of you and AHS as to these Terms of Use and is a complete integration of the Terms of Use agreement. AHS’s subsequent modifications of the Terms of Use, when published, shall be deemed the entire agreement of you and AHS as to these Terms of Use and is a complete integration of the Terms of Use agreement as of the effective date set forth in any such revised terms. 

 

 

Termination

AHS reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate your registration(s) with, or ability to access, interactive features on the app (e.g., live chat, bulletin board/forums) and/or any other service, content, digital products, products or events, provided to you by AHS, upon any breach by you of these Terms of Use or otherwise.

 

 

Modifications of the App

AHS may modify or discontinue any feature or service of the app, or any portion thereof, with or without notice to you and without liability to you or any third party.

 

 

Not Professional Medical, Healthcare Advice

We may include a variety of information and content on our app, including articles, data, references, videos, interactive community tools and advertising. The information contained in AHS apps (i) are for general guidance on matters of interest only and will not be assimilated to or substituted for healthcare advice and (ii) do not constitute an offer of or solicitation for the purchase of products or services. This app also contains general information relating to medical and/or healthcare conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the app.

ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE, AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED PROFESSIONAL.

AHS DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON AHS’S APP. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS ON OR THROUGH THE APP AND ITS FEATURES CONTRIBUTED OR OTHERWISE COMMUNICATED BY A PHYSICIAN OR ANY HEALTHCARE PROFESSIONAL IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A PHYSICIAN-PATIENT OR CLINICIAN - PATIENT RELATIONSHIP.

While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course of action. Consumers should not rely on the information on this app as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns and/or decision making, including decisions about medications, surgery and other treatments, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. CONSUMERS WHO USE THE INFORMATION FROM THIS APP DO SO AT THEIR OWN RISK.

WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO OUR APP OR THE INFORMATION AND CONTENT THEREON OR COMMUNICATED THROUGH ITS FEATURES, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. It is your responsibility to evaluate the information provided on the app. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our app with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or another qualified healthcare professional.

The information presented is solely intended to demonstrate the breadth of the offerings of AHS. Services may not be available in all markets because availability is subject to the regulatory practices in individual markets. Please contact AHS if you have questions about the availability of AHS services in your area.

 

 

Links to Other Apps

AHS’s app may contain links to external apps (owned and operated by third parties) that are neither the responsibility of nor under the control of AHS. Similarly, this app may be accessed from third-party links over which AHS has no control. AHS cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other app – the information provided is entirely the responsibility of the operator of the external app visited and AHS has no liability for any losses, damages or injuries of any kind arising from such third party content or information. Further, AHS does not endorse any content or information on such apps or any commercial products or services that might be advertised or sold on these external apps. In the event that any external app relates to the provision of medical, healthcare or related services and/or items - or any other product or service - a link to such third party app on AHS’s app does not constitute a referral or recommendation by AHS of the provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.

YOU ASSUME THE SOLE RISK OF ACCESSING SUCH APPS AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD PARTY PRODUCTS AND/OR SERVICES.

 

 

Copyright Ownership; Notification of Possible Copyright or Other Infringement

You acknowledge and agree that our app and our website consists of proprietary property of AHS which is protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to AHS and its app are and will remain with AHS.

AHS owns and/or licenses certain information and content on its app. All content on, as well as the design of, our app is protected under United States and international copyright laws. For information appearing on our app under license from a third party, all copyrights in that information remain with that third party. You may look at our app online, download individual articles to your personal or handheld computer for later reading, and even print a reasonable number of copies of pages for yourself, your family or friends. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting it on your own or other app, or using it in any other manner for any commercial purpose without our prior written permission.

You further acknowledge that: (i) AHS permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media, apps and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the app is not protected by Rights rests with you. You acknowledge that AHS may acquire Rights to use any materials as described below, and that you will not acquire any of those Rights by downloading or copying such materials.

In the event you believe that material or content published on the app may infringe on your copyright, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of AHS, by sending a detailed e-mail message (identifying the potentially infringing material with particularity, including the direct app link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material) to privacy@annum.com, or write to:

AHS, LLC
Subject: Copyright (or Other) Infringement
Attn:    Annum Health
           335 Madison Ave, 16th Floor
           New York, NY 10017

AHS does not permit copyright infringing activities and infringement of other intellectual property rights on its app, and AHS will remove all such content if properly notified that such content infringes on another’s intellectual property rights. AHS reserves the right to remove content without prior notice.

 

 

Trademarks and Other Rights

AHS owns the names we use for our products and services on our app, and these names are protected by United States and international trademark laws. All trademarks used on our app and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.

The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that AHS actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

AHS’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. AHS reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of AHS’s products or processes.

 

 

Message Storage

AHS assumes no responsibility for the deletion of or failure to store user messages, submissions or e-mails.

 

 

Indemnification

You agree to indemnify and hold AHS, their subsidiaries, affiliates, and each of their managers, members, officers, directors, employees and agents harmless from any claim or demand made by any third party due to or arising out of your use of the app, the violation of these Terms of Use by you, or the infringement by you, or any other user of your registration (whether or not authorized), of any intellectual property or any other right of any person or entity.

 

 

Remedies for Breach of these Terms of Use by You/Arbitration

In the event that AHS determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the app, AHS reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to AHS) that you have violated these Terms of Use; (ii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities and agencies for further action; and/or (iii) take any other action which AHS deems to be appropriate.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Florida. 

 

 

Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBRITRATION OR ATTEMPTED IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND AHS SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE DISPUTE RESOLUTION PROCEEDING. 

 

 

Laws that Govern this Agreement

We operate AHS’s app from its offices within the State of Florida in the United States of America. The app can be accessed from any of the United States and from other countries worldwide. Since the laws of each state or country able to access the app may differ, by accessing the app both you and AHS agree that the laws and regulations of the State of Florida, without regard to choice of law or conflict of law principles, will apply to all matters relating to use of our app. Any legal action or proceeding related to this app will be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida.

This app and its contents are intended to comply with the laws and regulations of the United States. Although the information on this app is accessible to users outside of the United States, the information on the app pertaining to AHS products or services is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. AHS makes no representation that materials on its app are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this app from other locations do so on their own initiative and are responsible for compliance with local laws. AHS reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this app is void where prohibited.

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision will be severable without affecting the enforceability of all remaining provisions.