Welcome to ASHCompanies.com. ASHCompanies .com is owned and operated by American Specialty Health Incorporated on behalf of itself and its subsidiaries (hereinafter collectively referred to collectively as “ASH” or “We”).
USE OF THIS ASH WEB SITE IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
THE WEB SITES OF ASH ARE NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOMS OR SITUATION IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
- Agreement. READ CAREFULLY. BY USING THIS WEB SITE, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY STATEMENT. USE OF THIS WEB SITE IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. This agreement explains the terms and conditions governing usage of this Web site, and it is your responsibility to read and understand them. By using this Web site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not use this Web site.
- General Information Disclaimer. ASH does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on this ASH Web site. While reasonable efforts have been made to ensure the accuracy of the information provided, the information is subject to change without notice and cannot be guaranteed to be current.
- Medical Information Disclaimer. The information on this ASH Web site is of a general nature and is intended for educational purposes only. The information available on this ASH Web site should not be used as a substitute for professional medical care for the prevention, diagnosis, or treatment of health problems. Only your personal physician or pharmacist can provide you with advice on what is safe and effective for you. The information on this ASH Web site should not be used as a substitute for the diagnosis and advice of your health care professional. Nothing on this Web site is to be interpreted as advocating the self-management of your health and medical condition(s) or those of your family.
- Disclosures and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS ASH WEB SITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK. ASH AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS ASH WEB SITE, YOUR USE OF THIS WEB SITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEB SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ASH, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS ASH WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED “AS IS,” AND ASH AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND SUCH INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ASH DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
- Limitation of Liability for User’s Employer. If you are using this Web site as a benefit provided to you by your employer, your right to use the Web site is subject to your acknowledgment and agreement that your employer is not a party to the relationship between ASH and you, and that your employer has no control over ASH, the contents of this Web site and any information, products, or services provided to you. Therefore, as part of this Agreement, you agree that your employer shall not be subject to any claims, whether in contract, tort, or otherwise, based on your use of this Web site, and your employer shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use of the Web site, including, but not limited to, any such damages with respect to any economic loss, injury, illness, or death.
- Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through this or any other ASH Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such advertiser or provider. You agree that ASH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on this ASH Web site.
- Not Intended for Minors. This ASH Web site is not designed or intended for use by minors. Minors under the age of 18 years old are not permitted to use this Web site without permission and oversight of a parent or guardian.
- User Submissions. Except as expressly provided in this User Agreement or the Privacy Statement, any other communication(s) or material(s) transmitted to this Web site by electronic mail or other medium, including any questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary information and may be used by ASH, ASH’s vendors, or its affiliates or related entities for any purpose, including but not limited to, reproductions, disclosure, transmission, publication, broadcast, and postings. Furthermore, ASH, ASH’s vendors and its affiliates and related entities are free to use any information, ideas, concepts, inventions, or techniques contained in any communication sent to this Web site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services. If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to this Web site.
- Proprietary Information. This Web site contains proprietary information, including, but not limited to, logos, service marks, trademarks, software, photos, videos, text, graphics, comments, feedback, ideas, templates, instructions, notes, drawings, articles and other materials, and the selection, assembly, and arrangement of information on this Web site (collectively, “Content”). Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by ASH, ASH affiliates, or by third parties that have licensed their use to ASH. You may download material displayed on this Web site for noncommercial, personal use only, including showing the print-out to your personal physician or pharmacist, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, reproduce, copy, distribute, modify, transmit, repost, display, publish, sell, license, create derivative works, assign or transfer any Content or information on this Web site for public or commercial purposes without ASH's prior written permission. Nothing on this Web site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ASH, its affiliates, or any third party, whether by estoppel, implication, or otherwise.
American Specialty Health is a federally registered trademark of American Specialty Health Incorporated. Any logos and trademarks appearing throughout the ASH Web site belong to ASH, its affiliates, or third party trademark owners, and are protected by U.S. and international trademark laws. You shall not display, disparage, dilute, or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit. Contents of this Web site are copyrighted: Copyright © 2014, American Specialty Health Incorporated or its licensors. All rights reserved.
- Indemnification. You agree to defend, indemnify, and hold ASH and its affiliates and licensors harmless from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, related to your violation of this agreement or any activity by you on this Web site.
- System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site or any transaction conducted on the Web site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Assignment. ASH may assign this User Agreement, or any of its rights or obligations under this User Agreement, to any third party without your prior consent. This User Agreement will inure to the benefit of ASH’s successors, assigns and licensees.
- Notices. All notices required or permitted by this User Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail to the following address:
American Specialty Health
10221 Wateridge Circle
San Diego, CA 92121
- Governing Law. This user agreement shall be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this user agreement to be unenforceable, the remainder of the agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
- Waiver. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by ASH. The failure of ASH to insist upon or enforce the strict performance of the terms of this User Agreement, or to exercise any right under this User Agreement, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.
- Modifications. At any time, and without prior notice, ASH retains the right to modify the:
- Agreement. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
- Specific Terms. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
- Web Site. This Web site, or any part thereof, may be discontinued, modified or altered without prior notice and without incurring any liability. ASH reserves the right to change or discontinue any content, products, and services made available through the Web site at any time and without any notice to you.
All modifications made to the Agreement, Specific Terms or the Web site are effective immediately. Notice of modifications may be provided by any means, including but not limited to the posting of a revised Agreement on the Web site. You are responsible for regularly reviewing this User Agreement and any Specific Terms for any changes that may affect your rights or obligations. Any use of the Web site and services after the effective date of any modifications constitutes an agreement to the modifications. Each time you access the Web site, you will be deemed to have accepted any modifications. All modifications are made exclusively by ASH and are not valid unless expressly agreed to by ASH.
- Severability. If, for any reason, a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
- Use Web Site At Own Risk. THE SERVICES, PRODUCTS AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE ARE DONE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCTS OR CONTENT. ASH IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THIS WEB SITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY PURCHASE OR OTHER ACTIVITY ON THIS WEB SITE.