GRUPO HIMA•SAN PABLO, INC.
Agreement with these Notices and Terms are a condition to access and use Grupo HIMA•San Pablo, Inc.’s (“HIMA”) website for its HIMA Health services and govern: (1) the information of HIMA (the “Information”) made available through this website; (2) the nature of the relationship between you and HIMA; (3) certain other matters of professional responsibility; (4) HIMA’s use of your information gathered by it through this website; and (5) your use of this website, related systems, and the Information (collectively, the “HIMA Site”). By accessing any portion of the HIMA Site, you are indicating that you have read and understood, and that you assent to be bound by these Notices and Terms, which may be amended from time to time by HIMA as provided herein. If you do not agree to these Notices and Terms, you are not permitted to access the HIMA Site.
1. No Medical Advice, Diagnosis, or Treatment
The Information is made available for general informational purposes only. It is not intended to constitute specific medical advice or to be a substitute to professional medical advice, diagnosis or treatment. Because the Information is general in nature and may not pertain to your specific circumstances, you should not rely on or act or refrain from acting based on any Information without first obtaining professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard medical advice or delay in seeking it because of something you have read on the HIMA Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. HIMA does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the HIMA Site. HIMA has a policy of entering into healthcare provider-patient relationships only after certain procedures have been completed including, but not limited to, a personal evaluation by HIMA medical personnel and admission to one of its health services facilities. You agree that your access to the HIMA Site or receipt of the Information, or your transmission of electronic mail to addresses on the HIMA Site, does not create a healthcare provider–patient relationship between you and HIMA. Reliance on any information provided by HIMA, HIMA employees, others appearing on the HIMA Site at the invitation of HIMA, or other visitors to the HIMA Site is solely at your own risk.
2. Other Matters Of Professional Responsibility
2.1 Sensitive Communications. You agree that electronic mail sent by you to HIMA will not be treated as confidential or invoke physician-patient privilege; provided, however, that if you are an existing patient of HIMA and you send an electronic mail to HIMA pertaining to a condition for which you are receiving treatment from HIMA, such electronic mail may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, you acknowledge that electronic mail and the Internet are generally insecure media of communication, and HIMA cannot guarantee the confidentiality of any electronic mail sent to or received by it or any information submitted by you to HIMA through the HIMA Site.
2.2 Authorized Services. HIMA is licensed to offer medical services only in Puerto Rico.
2.3 No Warranty of Results. The Information may contain descriptions of cases in which HIMA has successfully treated its patients. The results of these cases were dependent on their specific circumstances, and are in no way intended to be predictive of future results, even in similar circumstances, or offer any type of guarantee or assurance of outcome. Information pertaining to HIMA patients does not reflect the opinions of such patients.
3. Privacy and User Submissions.
The HIMA Site is designed so that you may generally browse it without providing any personally identifiable information. Certain areas of the HIMA Site, however, may require or allow the voluntarily submission of personally identifiable information. HIMA uses information for the purposes for which it was submitted by you to HIMA.
Subject to compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), HIMA may share your personally identifiable information with third parties, including third parties performing services for or on behalf of HIMA. Such services may include communications, database, event management, hosting, mailing, and marketing services. HIMA cannot fully ensure that your personally identifiable information will not be disclosed to third parties. However, HIMA has implemented and follows appropriate technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of your personally identifiable information. You should know, however, that HIMA cannot fully eliminate such risks. HIMA is committed to protecting the privacy of children. This Site is not intended or designed to attract children under the age of 18. HIMA does not collect personally identifiable information from any person it actually knows is a child under the age of 18. You agree that you will not upload or transmit any communications or content of any type to the HIMA Site that infringe or violate any rights of any party. By submitting communications or content to the HIMA Site, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to HIMA by email, (including through the e-mail addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to HIMA by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to HIMA by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted HIMA a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works form, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. HIMA may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the HIMA Site or to HIMA by email. We try to answer every email in a timely manner, but are not always able to do so.
4.1 Prohibited Uses. You will not use the HIMA Site in violation of any applicable law. Without limiting the foregoing, you will not use the HIMA Site in connection with (a) the infringement of intellectual property rights including HIMA’s rights in its marks and its articles and alerts; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; or (d) fraud. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the HIMA Site.
4.2 Copyright in Information. The HIMA Site including the Information is protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, HIMA grants to you a limited, nonexclusive, personal license to access, view, download and print the Information solely for noncommercial and informational purposes. You may not modify the Information in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Information. HIMA does not grant to you any rights in its marks. You are free to hyperlink to any page in the publicly available pages of the HIMA Site; provided, however, that you agree to remove any such hyperlink upon HIMA’s written request.
4.3 Electronic Mail. Subject to Section 4.1, you may send electronic mail to those addresses made available on the HIMA Site for the purposes of requesting alerts or other news notification services, submitting voluntary survey responses, responding to or making inquiries regarding HIMA events, requesting information regarding HIMA or legal or other services offered by HIMA, and inquiring about employment opportunities. You agree to cease sending electronic mail to any HIMA address upon HIMA’s request.
4.4 No Warranties. THE HIMA SITE IS PROVIDED TO YOU “AS IS.” YOUR ACCESS AND USE OF THE HIMA SITE IS AT YOUR OWN RISK. HIMA DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION. Without limiting the foregoing, HIMA, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeless of the information, text, graphics, links, or communications provided on or through the use of the HIMA Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the HIMA Site.
4.5 Disclaimer of Liability. HIMA DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE HIMA SITE.
4.6 Third Party Information. HIMA may hyperlink to or otherwise make third party information available on the HIMA Site. This is done solely for the purposes of convenience. HIMA does not endorse or approve of any such third party information or such third parties.
4.7 Choice of Law and Jurisdiction. You agree that any dispute arising out of or in connection with the HIMA Site or these Notices and Terms will be governed by the laws of the Commonwealth of Puerto Rico without reference to conflict of laws that would require the application of the laws of any other jurisdiction, and you submit to the exclusive jurisdiction and venue of the Commonwealth of Puerto Rico’s Court of First Instance, San Juan Part, located in San Juan, Puerto Rico.