WEBSITE TERMS OF USE

PLEASE READ CAREFULLY – 

YOU ACCEPT THESE TERMS BY USING THIS WEBSITE 

By accessing or using UHS-Pruitt Corporation’s (“Pruitt”) website (the “Website”), you agree to be bound by these Terms of Use without limitation or qualification. You represent and warrant to Pruitt that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement.  These Terms of Use, together with any additional privacy notices or usage guidelines posted on or through this Website, constitute the entire agreement and understanding of the parties relating to the Website.  IF YOU DO NOT AGREE TO OR ARE NOT LEGALLY ABLE TO AGREE TO BE BOUND TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. 

Permitted Use 

Pruitt grants you access to and use of the Website only for its permitted purposes and not for commercial reproduction, distribution, publication, or any other activity in contravention of these Terms of Use, applicable law, or Pruitt’s or any third party’s rights.

By accessing and/or using the Website, you agree not to: (i) use the Website other than as allowed by applicable law; (ii) upload to or transmit through the Website any libelous, threatening, defamatory, obscene, indecent, pornographic, infringing, harassing, or other objectionable material, nor any material which would otherwise give rise to any civil or criminal liability under applicable law, nor any material which includes bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; and/or (iii) use the Website in any way that shall impair the functioning or operation of the Website or related equipment, as determined by Pruitt in its sole discretion.

Any submission to or through the Website by you shall be considered non-confidential and shall be the sole and exclusive property of Pruitt. Pruitt shall have no obligations to you in connection with such submission. You understand and agree that any material you post to the Website may be used by Pruitt for its marketing or promotional purposes, and you grant Pruitt permission to use your name and/or likeness in connection therewith.

Your Obligations 

DO NOT PROVIDE ANY CONFIDENTIAL, PERSONAL INFORMATION, OR PROTECTED HEALTH INFORMATION, AS THOSE TERMS ARE DEFINED BY STATE OR FEDERAL LAW, TO THIS WEBSITE. You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the Website (“User Material”). Any User Material is and will be treated as non-confidential and non-proprietary. Furthermore, you warrant and agree that such information is non-confidential and non-proprietary and does not comprise personal information or protected health information as those terms are defined by state or federal law. Any User Material may be used by Pruitt for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, commercialization, and posting. Furthermore, Pruitt is free to use any ideas, expression, concepts, know-how, or techniques contained in any User Material for any purpose whatsoever.  You understand that you are the sole person responsible for any and all User Material, including, but not limited to, all information, data, text, questions, comments, suggestions, software, music, sound, photographs, graphics, video, audio, messages, or other material.

If you provide User Material, you represent and warrant that 1) the User Material is your original creation, 2) that you are the rightful copyright owner of such information, or 3) that you have permission from the rightful copyright owner.  By posting any User Material on this Website or submitting any User Material to Pruitt via this Website, you hereby expressly grant Pruitt a royalty-free, world-wide, non-exclusive license to use, copy, edit, distribute, translate, publicly perform, commercialize, and sublicense such User Material as well as your name and likeness as used in connection with such User Material for any purpose.

Although Pruitt is under no obligation to monitor any User Material, Pruitt specifically reserves the right to remove any such User Material at its sole discretion and without notice.

Indemnity 

You agree to indemnify and hold Pruitt, its parent, subsidiaries and affiliates, agents, officers, directors, employees, or insurers harmless from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from User Material, your use of this Website, your connection to this Website, your violation of these Terms of Use, or your violation of any rights of another.

Copyright/Trademark 

This Website is protected by copyright laws, and any unauthorized access to or use of the Website or any portion thereof may violate such laws.  All content, software, HTML, source code, object code, and any other code, associated media, print media, online or electronic documentation, data, and script forming a part of the Website and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Website are the sole and exclusive property of Pruitt or its licensors. You shall not challenge the intellectual property rights associated with the foregoing or do anything that might impair or damage those rights.  You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of Pruitt or any of the goodwill associated with any of the foregoing.

The names, trademarks, service marks, logos, and icons of Pruitt, appearing on this Web site, may not be used in any manner by users of this Web site without Pruitt’ prior expressed written consent.

Please send any notices, questions, comments, or concerns regarding this Website, including any notifications of claimed copyright or trademark infringement, to:

UHS-Pruitt Corporation, Inc.
1626 Jeurgens Court
Norcross, GA 30093
Attn: General Counsel

Links To Other Internet Sites; Links to this Website  

Links to third-party Internet sites not under Pruitt’s control may be available through the Website for your convenience of reference only.  Such links do not signify any endorsement by, sponsorship by, or association with the organization or individual associated with the linked site.  Although the Website may include links providing direct access to non-Pruitt Web sites, Pruitt has not participated in their development and does not monitor or exert any editorial or content control over those sites. Pruitt is not responsible for the content, quality, security, or accuracy of any materials or sites referenced or linked through this Website. You assume sole responsibility and liability for your use of such linked sites.  You must obtain Pruitt’s prior written consent before placing, displaying, or otherwise providing any link(s) to this Website.

Disclaimer 

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRUITT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. PRUITT DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY CAN BE GIVEN THAT THE DATA IS CURRENT. Pruitt does not guarantee the accuracy, completeness, efficacy, reliability, or veracity of the Website. Pruitt makes NO WARRANTY as to the security of the Website. Pruitt neither warrants nor represents that your use of the Website is legal under all applicable laws and regulations or will not infringe rights of third parties not owned by or affiliated with Pruitt.

The Website is intended as a convenience and reference for you.  Nothing available on or through the Website is intended to be, and must not be taken to be, the practice of medical care or determination. You are advised to seek the advice of and consult with qualified professionals and/or representatives regarding all medical, therapeutic, pharmaceutical, nursing, and insurance and benefits coverage matters. Pruitt uses reasonable care in the presentation and posting of materials on this Web site. However, Pruitt does not guarantee the accuracy or completeness of the materials, and makes no representations about the suitability of the information and services for any purpose. Pruitt assumes no liability for any loss, damage or expense from the errors or omissions in the materials and services available on this Web site, whether arising in contract, tort or otherwise. No advice or information obtained by you, whether written or oral, from Pruitt shall create any warranty whether express or implied.  USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

Limitations on Liability 

Pruitt expressly disclaims any liability for any damage to, or viruses that may infect, your computer equipment or other property as you access or browse the Website or download material from it.  You understand and agree that Pruitt shall not be liable to you for and direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation damages for loss of profits, goodwill, use, data, or other intangible losses (even if Pruitt has been advised of the possibility of such damages) resulting from: (i) THE USE OR THE INABILITY TO USE THE PRUITT WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRUITT WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PRUITT WEBSITE.

If at any time you are dissatisfied with the Website, do not agree with any portion of these Terms of Use, or have any other claim against Pruitt relating to either these Terms of Use or the Website, then your sole, exclusive remedy is to discontinue using the Website.

Website Terms & Conditions Arbitration Clause 

By accessing the Website and using the information therein available and/or by purchasing any products or services made available through this site, you agree that any claim or dispute you may have against Pruitt, its parent, subsidiaries and affiliates, agents, officers, directors, employees, or insurers, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration by the American Arbitration Association (or similar organization). This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.  All hearings concerning said arbitration shall be held in Atlanta, Georgia or at a location mutually agreeable to the parties. 

You understand that you would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but you choose to have any disputes decided through arbitration 

Governing Law and Jurisdiction; Limit on Commencing Actions; General Information 

These Terms of Use are governed by the laws of the State of Georgia without regard to the conflicts of laws principles thereof.  You consent to the exclusive jurisdiction and venue of the state and federal courts in Gwinnett County, Georgia, U.S.A. in all disputes arising out of or relating to these Terms of Use and/or access or use of the Website (to include challenging the arbitrability of any said claim). You must commence any cause of action or claim against Pruitt concerning this Website within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Pruitt regarding this Website. The failure of Pruitt to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision.

No Third-Party Beneficiaries.  

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this Agreement.

Revisions. 

Pruitt reserves the right to modify and supplement these terms at any time, without prior notice, by posting the new terms on the site. You agree that your continued access and use of the site shall constitute your acceptance of the new terms.

Modifications to Service. 

Pruitt reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), including the members-only areas (if any), with or without notice. You agree that Pruitt shall not be liable to you or any third party for any modification, suspension or discontinuation of the Pruitt Website.

Waiver and Severability of Terms.  

The failure of Pruitt to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Entire Agreement.  

The Terms of Use constitutes the entire agreement between you and Pruitt with respect to the Pruitt Website and supercedes any prior agreements, oral or written, between you and Pruitt.