TERMS AND CONDITIONS
Your use of this Site is subject to the License Agreement between your employer/contracting party and Hayes, Inc. In addition to that Agreement, the following terms and conditions apply to your use of this Site.
Use at Your Own Risk
You acknowledge and agree that use of this service is at your own risk and that the Site and any information contained on or provided through the Site is provided on an "as is" basis.
The Site Is Not a Substitute for Professional Medical Advice
You understand and agree that the information contained on or provided through this service is intended for research assistance only and is not intended to be and is not a substitute for professional medical advice. Nothing contained on or provided through the Site is intended to be or is to be used for medical diagnosis or treatment.
No Physician-Patient Relationship
You understand and agree that your use of this Site, or any information you receive from this Site, does not create a physician-patient relationship between you and Hayes, Inc. Any information you provide will not be protected by the physician-patient confidentiality privilege. Do not share personally-identifiable medical information you wish to keep confidential (for more information regarding the privacy of your information, see the Privacy Statement).
Not Practice of Medicine
The Site and any information provided on the Site are not intended to constitute, and you agree that they do not constitute, the practice of or furnishing of medical, nursing, or professional health care advice, diagnosis, consultation or treatment or services in any jurisdiction.
Coverage Policy and Determinations
This Site is intended and represented to provide general medical information and research assistance only. This Site is not intended to be used as the sole basis for determination of insurance coverage. Any decision regarding claims eligibility, or benefit determination is solely within the discretion of the health plan and its authorized agents. Hayes, Inc. assumes no responsibility or liability for such decisions or determinations.
Information of a legal nature contained on or made available through this Site is not intended to, and does not constitute, legal advice, and no attorney-client relationship is formed.
Non-Endorsement of Services
You understand and agree that, except for information, products, services or merchandise clearly identified as being supplied by Hayes, Inc., we do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on the Site or through the Internet generally in any way.
Hayes, Inc. neither solicits nor maintains any relationship(s) with manufacturers or distributors of drugs, devices, tests, medical supplies, or procedures to support the content on this Site. Hayes, Inc. does not receive any remuneration for support, endorsement, statement of worth, or warranties of effectiveness for any drug, device, test, medical supply or procedure. All statements contained on the Site, including the Hayes Rating™, represent the independent judgment of Hayes, Inc.
Disclaimer of Warranties
You understand and agree that Hayes, Inc. does not make any express or implied warranties, representations or endorsements of any kind whatsoever (including without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the Site, or with respect to any information, product, service, merchandise or other material provided on or through the Site. Hayes, Inc. does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any information, products, services, merchandise or other material provided through the Site or on the Internet generally. Hayes, Inc. does not warrant or guarantee that the Site will be uninterrupted, timely, secure, or error free. In no event will Hayes, Inc. be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information contained on or provided through the Site.
You also understand and agree that Hayes, Inc. cannot and does not warrant or guarantee that files available for downloading through the Site will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. You understand and agree that you and your employer/contracting party are solely responsible for implementing sufficient precautions, procedures and checkpoints to satisfy your own requirements for the accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Hayes, Inc. does not assume any responsibility for the loss of any information, data or other materials resulting from your use of the Site.
The Site and any information provided on or through the Site is not targeted to users in any particular locality, nor are they intended to constitute, and you agree that they do not constitute, doing business in any jurisdiction or the solicitation of business anywhere by Hayes, Inc. or any of its respective parent, subsidiary or affiliated companies or organizations, nor do they constitute any contacts with any jurisdiction outside of the Commonwealth of Pennsylvania.
Limitation on Liability
You understand and agree that in no event shall Hayes, Inc. be liable to you or any other user of the Site for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, loss of revenue or business or liabilities arising out of or relating in any way to this service, or sites accessed through this service, and/or content or information provided on or through the Site. You acknowledge and agree that your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.
You agree to indemnify Hayes, Inc. and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Site, or any breach or violation of this Agreement or any other term or condition contained on the Site.
In the event we determine, in our sole and absolute discretion, that you have breached any of your obligations under this Agreement, then, in addition to and not in lieu or limitation of any other right or remedy we may have, we may advise you that you have violated this Agreement; delete or remove any communications or content furnished or posted by you to the Site; discontinue your registration and remove you as a registered member; block your access to the Site; notify and/or send communications or content to and cooperate with applicable law enforcement authorities; and/or take any other action we deem appropriate.
Venue and Choice of Law
You agree that this Agreement is entered into between you and Hayes, Inc. in the Commonwealth of Pennsylvania, United States of America, and is performed within the Commonwealth of Pennsylvania and governed by and shall be construed in all respects under the laws of the Commonwealth of Pennsylvania, exclusive of its choice of law or conflict of laws provisions. You and Hayes, Inc. agree that any claim or action by you directly or indirectly arising under this Agreement or related to the Site shall be settled by final and binding arbitration in Montgomery County, Pennsylvania under the commercial arbitration rules of the American Arbitration Association and judgement on the award may be entered by any court having jurisdiction thereof.
You further agree that any subsequent legal action by you shall be subject to the exclusive personal jurisdiction of the Pennsylvania Common Pleas Court sitting in Montgomery County, Pennsylvania, or if such court does not have subject matter jurisdiction, then you and Hayes, Inc. each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the Eastern District of Pennsylvania, and whichever of those two courts has jurisdiction, you and Hayes, Inc. each waives any jurisdictional, venue, or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be not 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 you and Hayes, Inc. relating to the subject matter hereof and supersedes and merges herein any prior promises, agreements, or understanding between you and Hayes, Inc. relating to any of the subject matters of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
The materials on the Site are copyrighted by Hayes, Inc. and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Site for a third party impacted by a coverage decision or clinical management decision informed in part by you or your employer/contracting party's use of this Site, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).