Purpose

Habersham Ob/Gyn provides the following websites: habobgyn.net, a mobile-enabled website, which may be accessed through a mobile Web browser. This website (the “Websites”) allows users to:

  1. communicate with our practitioners and our staff
  2. arrange for clinical and health plan services
  3. access additional services

The information provided on the Websites is not a substitute for the advice of a personal physician or other qualified health care professional. Always seek the advice of a physician or other qualified health care professional with any questions regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Websites.

If you think you or someone you are taking care of has a medical or psychiatric emergency, call 911 or go to the nearest hospital.

Agreement

BY USING THE WEBSITES OR BY CLICKING “I ACCEPT” BELOW, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITES.

Using secure messaging

Habersham Ob/Gyn provides users with a number of interactive online services to help them better communicate with our practitioners and staff. These services may include (but are not limited to):

  1. appointment requests
  2. services provided
  3. staff introductions

You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party.

Breaches of these Terms and Conditions

In consideration of being allowed to use the Websites’ interactive services, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. signing on as or pretending to be another person
  2. using secure messaging for any purpose in violation of local, state, national, international laws or posted Habersham Ob/Gyn policies
  3. transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others
  4. transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Habersham Ob/Gyn personnel)
  5. using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
  6. collecting information about
  7. intentionally distributing viruses or other harmful computer code

Habersham Ob/Gyn expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Websites due to any act that would constitute a violation of these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Website and KP Mobile Application Privacy Statement, these Terms and Conditions shall govern.

Disclaimer and Limitation of liability

Disclaimer of Warranties

THE WEBSITES, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES ARE 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 OR NON-INFRINGEMENT. YOUR USE OF THE WEBSITE IS VOLUNTARY, AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE WEBSITES DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY KAISER PERMANENTE UNLESS SPECIFICALLY STATED OTHERWISE.
Limitation of liability

HABERSHAM OB/GYN AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE WEBSITES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES, TO RELEASE DATA (AND INCLUDING, WITHOUT LIMITATION, THE APP’S USE OF ANY DATA YOU MAKE AVAILABLE TO THE APP), AND/OR ANY THIRD PARTY WEBSITE, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED IN THE FOLLOWING PARAGRAPH, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, SITE-RELATED SERVICES, APPS, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE WEBSITES, APPS, AND/OR THOSE SERVICES.

APPLICABLE LAWS MAY NOT ALLOW SUCH DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, OR THE EXCLUSIONS FROM SUCH LIABILITY, AND YOU MAY BE ENTITLED TO SEEK OTHER REMEDIES UNDER YOUR EVIDENCE OF COVERAGE OR OTHER AGREEMENT WITH HABERSHAM OB/GYN. IN SUCH CASE, THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of law

THESE TERMS AND CONDITIONS ARE GOVERNED BY GEORGIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF GEORGIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.