Terms & Conditions

The following are the Terms and Conditions ("Terms") for use of the Gateway Healthsm Member Portal.  Please read them carefully.

These Terms describe the rules for using Gateway Health's Member Portal and constitute a legally binding agreement (this "Agreement") between you, the person using this Member Portal, and Gateway Health. If you are helping another person use this Member Portal, these Terms constitute a legally binding agreement (this "Agreement") between both the helper and the person being helped and Gateway Health.

By using this Member Portal, you agree to the most-recent Terms as well as the most-recent version of Gateway Health's Privacy Policies, which are incorporated herein.  Gateway Health may change these Terms at any time, and such changes will be posted on this or a similar page of the Member Portal.  It is your responsibility to review these Terms each time you use the Member Portal.  By continuing to use the Member Portal, you consent to any changes to these Terms.

By using this Member Portal, you acknowledge and agree that any activity on the Member Portal is subject to monitoring by Gateway Health at any time, and that Gateway Health may use the results of such monitoring without limitation, subject to applicable law.

 

  1. IMPORTANT NOTE REGARDING MEMBER PORTAL CONTENT

The information on this Member Portal is for your general educational information only. The information cannot, and is not intended to, replace the relationship that you have with your health care professionals. The information on this Member Portal should not be considered medical advice and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on this Member Portal and should seek appropriate emergency medical assistance, such as calling "911"; You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on this Member Portal represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.

The information on this Member Portal may include information regarding therapeutic and generic alternatives for certain prescription drugs, and may describe uses for products or therapies that have not been approved by the Food and Drug Administration. This information is for informational, cost-comparison purposes only. It is not medical advice and does not replace consultation with a doctor, pharmacist or other health care professional. Talk to your health care provider to determine if an alternative prescription drug is right for you.

 

  1.  PROPRIETARY RIGHTS TO MEMBER PORTAL CONTENT AND USE OF MEMBER PORTAL

You acknowledge and agree that, except for items in the public domain, all information on the Member Portal, including, but not limited to, text, software, programs, services, processes, trademarks, trade names, inventions, music, sound, photographs, video, graphics or other material (all referred to as the "Information") are wholly owned by (or licensed to) Gateway Health or its providers or suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  Gateway Health grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Information.   You may make a copy of the Information for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact.

Except for your non-commercial personal use, the Member Portal, in whole or in part, may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose, or used for advertising or any other purpose. Unauthorized use of the Member Portal or Information may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Information.  The use of such Information on any other web site or in any environment of networked computers is strictly prohibited.  You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

If you post or submit information to the Member Portal, and unless Gateway Health indicates otherwise, you grant Gateway Health a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information in any media.  You represent and warrant that you own or otherwise control all of the rights to the information that you post; that the information is accurate; that use of the information you supply does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Gateway Health or its affiliates for all claims resulting from information you supply.

Gateway Health may terminate your access to any part or all of the Member Portal and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

 

  1. RESTRICTIONS ON USE OF THE MEMBER PORTAL

You agree:

  • that you are of sufficient legal age or have the legal authority (i.e. designated as the Head of Household, hold a valid Power of Attorney, are an emancipated minor, etc.) to use the Member Portal and to create binding legal obligations for any liability you may incur as a result of the use of the Member Portal; and
  • that you will not use the Member Portal or the information in any way not explicitly permitted by these Terms or the text of the Member Portal itself; and
  • that you will not copy, modify or create derivative works involving the information, provided that you reproduce all proprietary copyright and trademark notices; and
  • that you will not misrepresent your identity or provide Gateway Health with any false information; and
  • that you will not take any action intended to interfere with the operation of the Member Portal; and
  • that you will not access or attempt to access any portion of the Member Portal to which you have not been explicitly granted access; and
  • that you will not share any password assigned to or created by you with any third parties or use any password granted to or created by a third party; and
  • that you will not directly or indirectly authorize anyone else to take actions prohibited in this section; and
  • that you will comply with all applicable laws and regulations while using the Member Portal or information.  

 

  1. LINKS

While visiting the Member Portal, you may click on a link to websites and leave the Member Portal.  Gateway Health may provide links to websites that may contain information that may be useful or interesting to you.  Gateway Health does not endorse, and is not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties.  You are solely responsible for your dealings with such third parties and Gateway Health encourages you to read the terms of use and privacy policies on such third-party websites.

 

  1. NO WARRANTIES

Your use of this Member Portal is at your sole risk.  You assume full responsibility and risk of loss resulting from the use of this Member Portal including, but not limited to, you downloading and/or using files or other materials obtained through this Member Portal.  Neither Gateway Health nor any of its employees, officers, directors, agents, providers or suppliers endorse or stand behind the accuracy, truthfulness or reliability of any information provided on this Member Portal.

THIS MEMBER PORTAL IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. NEITHER GATEWAY HEALTH NOR any of its employees, officers, directors, agents, providers or suppliers MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION OF THIS MEMBER PORTAL.  GATEWAY HEALTH AND ITS employees, officers, directors, agents, providers or suppliers HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT, WHETHER OR NOT GATEWAY HEALTH KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE. WITHOUT LIMITING THE FOREGOING, GATEWAY HEALTH AND ITS employees, officers, directors, agents, providers or suppliers MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS MEMBER PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS MEMBER PORTAL OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS MEMBER PORTAL IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

  1. LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER GATEWAY HEALTH NOR ANY OF ITS employees, officers, directors, agents, providers or suppliers WILL BE LIABLE FOR (a) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND/OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE MEMBER PORTAL AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY EVEN IF GATEWAY HEALTH HS BEEN ADVISED OF THE POSSIBILITY OF SUCH DEAMAGES, AND (b) 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 ANY FILE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.   NEITHER GATEWAY HEALTH NOR ANY OF ITS employees, officers, directors, agents, providers or suppliers SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE INTERNET.    

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

  1. INDEMNIFICATION

You agree to indemnify Gateway Health and its employees, officers, directors, agents and providers in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon your use of the Member Portal including, but not limited to, any claim of liable, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other members and/or infringement of intellectual property or other rights.

 

  1. GOVERNING LAW AND STATUTE OF LIMITATIONS

The laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions, shall govern these Terms and Conditions for use and any cause of action arising under or relating to your use of this Member Portal.  You consent and submit to the exclusive jurisdiction of the state and federal courts located in Pittsburgh, Pennsylvania in all questions and controversies arising out of your use of this Member Portal and these Terms and Conditions for Use.

You further agree and consent to the exercise of personal jurisdiction in state and federal courts located in Pittsburgh, Pennsylvania in connection with any dispute involving Gateway Health or its employees, officers, directors, agents and providers.  Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Member Portal, you agree to inform Gateway Health in writing and to give Gateway Health thirty (30) calendar days to cure the harm before initiating any action.  You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

 

  1. ENTIRE AGREEMENT

These Terms and Conditions for Use constitute the complete Agreement between Gateway Health and you with respect to the Gateway Health Member Portal and no other verbal representations or written representations will supersede this Agreement, except that additions and changes properly documented and authorized and referred to for the purpose of this Agreement as an amendment will become a part of this original Agreement as if fully rewritten herein.

 

  1. SEVERABILITY

If any provision of these Terms and Conditions for Use is determined to be illegal, invalid or unenforceable under any applicable statute or rule of law or court of competent jurisdiction, such provision is to that extent to be deemed omitted, and the balance of the Terms and Conditions for Use shall remain enforceable.

 

  1. WAIVER

The waiver by either party, or the failure by either party to claim a breach of any provision of these Terms and Conditions for Use or to give notice with respect thereto, shall not be held to be a waiver of any subsequent breach of such provision or any other provision.

 

  1. ASSIGNMENT

Gateway Health may transfer or assign its rights and obligations under this Agreement.

 

  1. EFFECTIVE DATE

The Effective Date of these Terms is October 1st 2014.