Anytime Pediatrics is committed to complying with federal healthcare privacy and security laws, and to maintaining safeguards to protect the security of your health information. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Anytime Pediatrics.
Terms of Use
Ownership Of The Site and Related Materials
All pages within the Site and Application, and any material made available for download are the property of Anytime Pediatrics, or its licensors or suppliers, as applicable. The Site and Application are protected by United States and international copyright and trademark laws.
Electronic Communications
When you use any Anytime Pediatrics Services, or send e-mails, text messages, and other communications from your desktop or mobile device to Anytime Pediatrics you are communicating with Anytime Pediatrics electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Anytime Pediatrics cannot ensure the security or confidentiality of messages sent by email.
Security and Restrictions; Passwords
If you create a user account for the Anytime Pediatrics Site and/or Application, you agree to complete the registration process by providing current, complete, and accurate information as required by Anytime Pediatrics. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Anytime Pediatrics. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Anytime Pediatrics at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site or the Application, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or Application or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the Anytime Pediatrics Services only with involvement of a parent or guardian. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Anytime Pediatrics will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Accuracy and Integrity of Information
Although Anytime Pediatrics attempts to ensure the integrity and accuracy of the Site and Application, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and/or Application and Content thereon. It is possible that the Site and/or Application could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site or Application by third parties. In the event that an inaccuracy arises, please inform Anytime Pediatrics so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Anytime Pediatrics shall have no responsibility or liability for information or Content posted to the Site or Application from any non-Anytime Pediatrics affiliated third party.
User Information
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site or Application (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Anytime Pediatrics and its Providers that you have the legal right and authorization to provide all User Information to Anytime Pediatrics and its Providers for use as set forth herein and required by Anytime Pediatrics and the Provider.
License And Access
Subject to your compliance with these Terms of Use, Anytime Pediatrics or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Anytime Pediatrics Services. This license does not include any resale or commercial use of any Anytime Pediatrics Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any Anytime Pediatrics Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Anytime Pediatrics or its licensors, suppliers, publishers, rights holders, or other content providers. No Anytime Pediatrics Service, nor any part of any Anytime Pediatrics Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Anytime Pediatrics. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Anytime Pediatric without express written consent. You may not use any meta tags or any other “hidden text” utilizing Anytime Pediatrics’s name or trademarks without the express written consent of Anytime Pediatrics. You may not misuse the Anytime Pediatrics Services. You may use the Anytime Pediatrics Services only as permitted by law. The licenses granted by Anytime Pediatrics terminate if you do not comply with these Terms of Use.The Contents of the Site and Application, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site or Application (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Anytime Pediatrics. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Anytime Pediatrics without our express written consent.
Links to Other Sites
Anytime Pediatrics makes no representations whatsoever about any other website or application that you may access through this Site and/or Application. When you access a non-Anytime Pediatrics site, please understand that it is independent from Anytime Pediatrics, and that Anytime Pediatrics has no control over the Content on that website. In addition, a link to a non-Anytime Pediatrics website does not mean that Anytime Pediatrics endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Site or Application, you do this entirely at your own risk.
Disclaimer of Warranties
Anytime Pediatrics does not warrant that access to or use of the site will be uninterrupted or error-free or that defects in the site will be corrected. This site, including any content or information contained within it or any site-related service, is provided “as is”, with all faults, with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Anytime Pediatrics does not warrant the accuracy, completeness or timeliness of the information obtained through this site.
You assume total responsibility and risk for your use of this site, site-related services, and linked websites. Anytime Pediatrics does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.
Limitation of Liability Regarding Use of Site and Application
Anytime Pediatrics and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-or-application-related services, content or information contained within the site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the forgoing limitations of liability are not enforceable, the maximum liability of Anytime Pediatrics to you with respect to your use of this site is $1000 (one thousand dollars).
Dispute Resolution
Anytime Pediatrics will try work in good faith to resolve any issue you have with the Site or Application, including services ordered or purchased through the Site or Application, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Application, or the Services will be governed by the laws of the State of Tennessee, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Application, or the Services, shall be exclusively in the state courts of the Sixth Judicial District in Knox County, Tennessee.
Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
Indemnity
You agree to defend, indemnify and hold Anytime Pediatrics harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Anytime Pediatrics arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site or Application using your user ID and password.
Right to Modify Revisions; General
Anytime Pediatrics reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. Anytime Pediatrics uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. Anytime Pediatrics has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by Anytime Pediatrics only and does not cover the use of cookies by any third-party. Anytime Pediatrics reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Anytime Pediatrics and you pertaining to the subject matter hereof. In its sole discretion, Anytime Pediatrics may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Copyright
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Anytime Pediatrics has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Anytime Pediatrics, PLLC, c/o Rodney A. Fields, Esq., Lewis Thomason, One Centre Square, Fifth Floor, 620 Market Street, Knoxville, Tennessee 37902.
