PAAMG Terms of Use

“PAAMG.net” is the interactive on-line service operated by Providence Anchorage Anesthesia Medical Group (“PAAMG”) on the World Wide Web of the Internet, and consisting of information services and content provided by PAAMG and third parties. “User” means you. “Account” means any connection initiated, established, or accessed by User in order to access or use PAAMG.net. “Agreement” means these Terms of Use.

A) This Agreement sets forth the terms and conditions that apply to User’s access to and use of PAAMG.net and any content on PAAMG.net. By using PAAMG.net (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use PAAMG.net is personal to User and is not transferable to any other person or entity. User is responsible for all of User’s use of PAAMG.net and all use of User’s Account (regardless of whether a username or password is required, and under any username or password) and for ensuring that all such use complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s username(s) and password(s), if any.

(B) PAAMG shall have the right at any time to change or discontinue any aspect or feature of PAAMG.net, including, but not limited to, content, hours of availability, and equipment needed for access or use.

PAAMG shall have the right at any time to change, add to, delete from, and otherwise modify these Terms of Use or any part thereof from time to time without notice, including, but not limited to, adding fees and charges or other new terms and conditions for use. Such changes, additions, deletions, and other modifications (collectively, “modifications”) shall be effective immediately upon the posting on PAAMG.net of such modifications or of the Terms of Use as thus modified. Any use of PAAMG.net by User after such posting shall be deemed to constitute acceptance by User of such modifications.

User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of PAAMG.net and all charges related thereto.

A) User shall use PAAMG.net for lawful purposes only. User shall not post or transmit through PAAMG.net any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PAAMG’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in PAAMG’s discretion restricts or inhibits any other user from using or enjoying PAAMG.net will not be permitted. User shall not use PAAMG.net to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users to become users of other on-line information services.

(B) PAAMG.net contains copyrighted material, trademarks and other proprietary information, and the entire contents of PAAMG.net are copyrighted as a collective work under the United States copyright laws. PAAMG has exclusive rights to the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PAAMG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

(C) User shall not upload, post or otherwise make available on PAAMG.net any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PAAMG.net, User automatically grants, or warrants that the owner of such material has expressly granted PAAMG the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user of PAAMG.net to access, view, store or reproduce the material for that other user’s personal use. User hereby grants PAAMG the right to edit, copy, publish and distribute any material made available on PAAMG.net by User.

(D) The foregoing provisions of Section 5 are for the benefit of PAAMG, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

User agrees to the terms of PAAMG’s Web Site Privacy and Security Policy (“Privacy Policy”), which Privacy Policy is located at the following link: https://paamg.net/privacy.html. The terms of PAAMG’s Privacy Policy are incorporated herein by this reference.

(A) USER EXPRESSLY AGREES THAT USE OF PAAMG.NET IS AT USER’S SOLE RISK. NEITHER PAAMG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PAAMG.NET WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PAAMG.NET, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PAAMG.NET. USER EXPRESSLY AGREES THAT THE CONTENT OF PAAMG.NET DOES NOT CONSTITUTE MEDICAL ADVICE AND THAT IT WILL NOT RELY ON ANY SUCH CONTENT IN MAKING MEDICAL DECISIONS.

(B) PAAMG.NET IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PAAMG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES (INCLUDING WITHOUT LIMITATION OTHER USERS) AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(D) IN NO EVENT WILL PAAMG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PAAMG.NET OR THE PAAMG INTERACTIVE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PAAMG.NET. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PAAMG.NET. TO THE EXTENT ANY COURT FINDS THE LIMITATION ON LIABILITY IN THIS SECTION 7 TO BE UNENFORCEABLE UNDER APPLICABLE LAW, USER EXPRESSLY AGREES THAT THE MAXIMUM LIABILITY FOR PAAMG SHALL NOT EXCEED $1,000.00.

PAAMG shall have the right, but not the obligation, to monitor the content of PAAMG.net, including any chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PAAMG and to satisfy any law, regulation or authorized government request. PAAMG shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PAAMG.net. Without limiting the foregoing, PAAMG shall have the right to remove any material that PAAMG, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

User agrees to defend, indemnify and hold harmless PAAMG, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of PAAMG.net by User or User’s Account, or User’s breach of this Agreement.

Either PAAMG or User may terminate this Agreement and User’s Account at any time for any reason. Without limiting the foregoing, PAAMG shall have the right to immediately terminate this Agreement and User’s Account in the event of any conduct by User which PAAMG, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. User shall not access or use, and shall not have any right to access or use, PAAMG.net following termination of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 7, 9 and this Section 10 shall survive termination of this Agreement.

PAAMG is a distributor (and not a publisher) of content supplied by third parties, including without limitation other users. Accordingly, PAAMG has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or other users of PAAMG.net, are those of the respective author(s) or distributor(s) and not of PAAMG. Neither PAAMG nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through PAAMG.net represents the opinions and judgments of the respective information provider or other user not under contract with PAAMG. PAAMG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PAAMG.net by anyone other than authorized PAAMG employee spokespersons while acting in their official capacities. Under no circumstances will PAAMG be liable for any loss or damage caused by a User’s reliance on information obtained through PAAMG.net. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PAAMG.net. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. THE INFORMATION PROVIDED IS NOT INTENDED TO REPLACE OBTAINING MEDICAL EVALUATIONS AND HEALTH-CARE ADVICE FROM QUALIFIED HEALTH-CARE PROFESSIONALS. REFERENCE TO SPECIFIC PRODUCTS, PROCESSES OR SERVICES DOES NOT CONSTITUTE OR IMPLY RECOMMENDATION OR ENDORSEMENT BY PAAMG.

This Agreement and any operating rules for PAAMG.net established by PAAMG constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Alaska, without regard to its conflict of laws rules, and User agrees that the exclusive forum for any dispute arising out of this Agreement or User’s use or access of PAAMG.net shall be the courts located in Anchorage Alaska. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.