Medical emergency Do NOT use the Website for medical emergencies. If you have a medical emergency, calla physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website. General information is not medical advice The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment. Information obtained on the Website is based on recommendations and guidelines developed by the Center for Disease and Control and it is updated regularly but it is not exhaustive and does not cover all cases, diseases, or their treatment.
No physician-patient relationship The presentation of general information on the Website does not establish a physician-patient relationship between you and the Owner (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of the Owner (or any of its physicians). This section does not apply to the extent that you are using the Website to communicate with a physician or healthcare provider with whom you have an existing physician-patient relationship.
No endorsements Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.
Covid Control Web-App The COVID Control App does not provide medical advice or connect employees directly to a health care provider. The Screening Tool relies on the information provided by the user which FitHub Inc does not independently verify. FitHub Inc assumes no responsibility for how you use the information you obtain from this app. In no event shall FitHub Inc, each of its officers, directors, employees, agents, representatives or sponsors be liable to you or have any responsibility of any kind to you under any theory of liability or indemnity related to or arising out of your use of the information presented or contained herein. While FitHub Inc attempts to use the most up-to-date information, medical information changes frequently and some information may be out of date. The information in this app is offered AS-IS and such information is used and relied upon entirely at your own risk. Users are solely responsible for any liabilities arising from the use or misuse of the information in this app. If you have questions about the information contained in or made available through this Screening Tool, please contact a health care professional.
Disclaimer of warranties The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While the Owner endeavors to provide information that is correct, accurate, current, and timely, the Owner makes no representations, warranties, or covenants, expressor implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate,complete, current, reliable, timely, or suitable for any particular purpose;(iii) that the operation of the Website will be uninterrupted or error-free;(iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; and (v) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
Limitation of liability In no event shall the Owner, its physicians, officers, directors, employees,agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special,indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis,inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content,or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages. The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall the Owner, its physicians, officers, directors, employees,agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive,incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) anyaccess, use, reliance upon, or inability to use any materials, content, goods,or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.
Indemnity You agree to indemnify, defend, and hold harmless the Owner and its physicians, officers,directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse,reliance upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be linked to from time to time or; (iii)your use of, reliance on, publication, communication, distribution, uploading,or downloading of anything (including the Content) on or from the Website
Use of the Website The Owner authorizes you to access and use the Website for your personal noncommercial use in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and its contents, are intended only as a reference.
Copyright The Content is protected by copyright law and is owned by the Owner and its licensors, or theparty accredited as the provider of the Content. Except as granted in thelimited license herein, any use of the Content, including modification,transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.
Limited license Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and non exclusive license to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that maybe set out in the Website. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.
Linking The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of any third-party Website or the content thereof. Unless expressly stated, the Owner does not operate any third-party Website linked to the Website and is not responsible for the content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness,timeliness, or suitability of any content on such third-party Websites; (ii)any representation, warranty, or Page 4 covenant regarding the merchantability and/or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components. While the Owner encourages links to the Website, it does not wish to be linked to or from any third-party Website which contains, posts,or transmits any unlawful or indecent information of any kind, including,without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities,operations, credibility, or integrity of the Owner; or (ii) any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright,trademark, or other proprietary rights. The Owner reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of the Owner.
Submissions The Website may provide features which allow you to post content to designated areas on the Website, to interact with the Owner and to upload files, documents, or other materials (“Submission(s)”). Submissions do not include communications between you and your physician pursuant to the physician-patient relationship. The Owner does not control the content of any Submissions and has no obligation to monitor the Submissions. However, the Owner reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in the Owner’s sole discretion, are objectionable or in violation of this Agreement. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
Rules of conduct regarding Submissions When using any of the features of the Website which allow you to post, upload, or make Submissions, it is a condition of your use of the Website that you do not: Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in the sole discretion of the Owner, imposes an unreasonable or disproportionately large load on the Website infrastructure; Post or transmit any unlawful,abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation;Post or transmit any Submission,including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation,copyright, patent, trade secret, trademark, or other proprietary rights herein,or derivative works with respect thereto, without first obtaining permission from the Owner or rights holder;Post or transmit any Submission which contains a virus or other harmful component;Post or transmit “junk mail,”“chain letters,” unsolicited mass mailing, or “spam”; and Use or “mine” the Website for commercial purposes, including, without limitation, posting, uploading, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests,sweepstakes, advertising, and pyramid schemes.
Passwords You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your UserName and Password. You agree to notify the Owner immediately of any unauthorized use of your Password or account or any other breach of security,and to ensure that you exit from your account at the end of each session. The Owner will not be liable for any loss or damage arising from the Owner’s failure or your failure to protect your Password or account information.
Software license and ownership All software embedded in or located on or at the Website,including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by the Owner, its licensors, or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement; and (ii) any additional conditions which may be imposed on your access and use of such Software. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt,translate, upload, download, or transmit the Software in whole or in part; (ii)sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract,or reverse engineer the Software or assist others in doing so. Other than thelimited license granted herein, nothing contained in the Website shall be construed as granting you any right, title, interest, or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind, either expressed or implied,including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii)that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Softwareshall process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.
Tools Any tools or calculators provided on the Website are provided for general and illustrative purposes only. Such tools and/ or calculators are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or calculator available on this Website.
Modification to WebsiteThe Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof )with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof. Use prohibited where contrary to law Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction The Website is operated by the Owner from its offices within the State of Pennsylvania. You agree that all matters relating to your access or use of the Website and its Content shall be governed by the laws of Pennsylvania, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of Pennsylvania with respect to all matters relating to your access and use of the Website and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the state of Pennsylvania.
Waiver Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Severability The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement. Notice, Questions or comments regarding the Website should be directed by email to firstname.lastname@example.org
Termination The Owner may, in its sole discretion, cancel or terminate your right to use the Website,or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictionsimposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.
Entire Agreement This is the entire Agreement between you and the Owner relating to your access and use of the Website.