Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY ENTERING THIS WEBSITE YOU ACKNOWLEDGE, ACCEPT, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE EXIT THIS WEBSITE IMMEDIATELY. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THE WEBSITE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
This Website is intended only for adults aged 18 and older, and is not intended for or directed to persons under age 18. Atana does not collect Personal Information through this Website from any person known to be under the age of 18 without express parental consent.
Atana reserves the right to terminate or alter the Terms and to modify or discontinue this Website, including any features herein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right.
We reserve the right, at our discretion, to update or revise these Terms at any time. You acknowledge and agree that you are responsible for checking the Terms periodically for changes. Your continued use of this Website following any such updates or revisions constitutes your acknowledgement and acceptance of the change and agreement to abide and be bound by the updated or revised Terms.
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third-party networks that you may access in the course of using this Website, and, therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
Purpose of Website
This Website is designed to give users direct access to medical providers and health care facilities by facilitating the access to appointment schedules to users using cash or insurance plans (private and state or federally funded programs).
This Website contains general information, is designed for information and scheduling purposes only, and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Users of this Website should not rely on information provided in this Website for their own health needs. If you have a health-related problem, or any specific medical questions, please consult with your health care provider. Use of this Website does not create a patient relationship with Atana.
The Website services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Submission of Information
There may be certain areas in this Website where you can voluntarily submit information, including personal information such as information that could be used to identify or contact you or information about your medical condition ("Personal Information") to Atana. If you choose to voluntarily submit information, including Personal Information, to Atana through this Website, you understand and agree that such information will be transmitted over the Internet. While Atana has taken reasonable steps to protect any information that you may submit from unauthorized interception and use, the risk of unauthorized interception and use of electronically transmitted information cannot be entirely eliminated. Therefore, there is always a risk of unauthorized interception and use of any information that you submit to through this Website. If you voluntarily access and use this Website, Atana will not be responsible for any unauthorized interception and/or use of your information, and YOU UNDERSTAND AND AGREE THAT ATANA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THIS WEBSITE.
Conduct on Site
Your use of this Website is subject to all applicable laws, rules, and regulations, and you are solely responsible for the contents of your communications through this Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of this Website. We generally do not prescreen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not attempt to gain unauthorized access to another network or server. Not all areas of this Website may be available to you or other authorized users of this Website. You shall not interfere with anyone else’s use and enjoyment of this Website or othersimilarservices. Userswhoviolatesystemsornetworksecuritymayincurcriminalor civil liability.
You agree that we may, at any time and at our sole discretion, terminate your access to this Website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Third-Party Sites and Information
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Intellectual Property Information
Copyright © Atana, Inc. All Rights Reserved.
For purposes of these Terms, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. This includes, but is in no way limited to, message boards, chat, and other original content.
By accepting these Terms, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of Atana. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
The Atana marks and certain other marks on this Website are registered or unregistered trademarks or service marks of Atana. All custom graphics, icons, logos, and service names are registered or unregistered trademarks or service marks of Atana. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Atana.
Health Care Provider Appointments
At the time of making an appointment with a medical provider, or in connection with your use of any of the other services offered by Atana, there may be other terms and conditions relating to your use for which you are obligated. These may include, but are not limited to, notice conditions regarding cancellations, possible cancellation charges and/or credits, and other similar provisions. You agree to all such terms and conditions, where applicable. Additionally, all medical providers will be responsible for providing you with their appointment cancellation, no-show and rescheduling policies.
Atana reserves the right to revise, amend, discontinue, or refuse the application of any discount code in order to reflect changes affecting Atana’s business, technology, payment methods, the Sites capabilities, relevant laws or regulations, or where the discount code was created, revised, or amended in error. Discount codes will expire on the date specified in the specific terms relating to the discount code. Discount codes have no cash redemption value and cannot be transferred or assigned except at the sole discretion of Atana. Some discount codes may only be used for one order, which will be specified in the specific terms relating to the discount code. No combination or conjunction of discount codes are permitted except where the specific terms of the discount code states it or at the sole discretion of Atana. No credit or refund of discounts will be permitted for the cancellation or incompletion of service except at the sole discretion of Atana. Atana is not liable for any lost, forgotten, incorrect, faulty, or defective discount codes.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
101 W Dickman St.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
Atana.COM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THIS WEBSITE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ("CONTENT") ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Atana, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSEES, AND LICENSORS DO NOT WARRANT THAT (1) THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; (2) THE CONTENT WILL MEET YOUR REQUIREMENTS; (3) THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (4) ANY DEFECTS OR ERRORS IN THIS WEBSITE WILL BE CORRECTED; OR (5) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK.
Content available through this Website may represent the opinions and judgments of an information provider, site user, or other person or entity not connected with Atana. We do not endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by anyone other than our authorized spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Website for further information, which policies are incorporated by reference into these Terms.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
ATANA DOES NOT ASSUME ANY RISK FOR YOUR USE OF THIS WEBSITE. USERS OF THIS WEBSITE SHOULD BE AWARE THAT INFORMATION ABOUT HEALTH CARE CHANGES CONSTANTLY, AND BECAUSE THIS WEBSITE IS ONLY UPDATED PERIODICALLY, IT MAY NOT CONTAIN THE MOST RECENT INFORMATION. Atana.COM RESERVES THE RIGHT TO UPDATE OR CHANGE INFORMATION CONTAINED IN THIS WEBSITE AT ANY TIME. Atana.COM IS NOT RESPONSIBLE FOR INFORMATION APPEARING AT HYPERLINKS. ALSO, THE USE OF THIS WEBSITE DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP AND DOES NOT OBLIGATE Atana.COM TO FOLLOW-UP OR CONTACT USERS OF THIS WEBSITE.
THE CONTENT OF THIS WEBSITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR A QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED THROUGH THIS WEBSITE IS INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT, NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.
UNDER NO CIRCUMSTANCES SHALL ATANA, ITS SUBSIDIARIES, AFFILIATES, LICENSEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, OR ACCESSED THROUGH, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Atana.COM IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Atana.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT THAT STATE OR LOCAL LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ATANA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
You assume full responsibility for any use of any information, goods or services offered on or through this Website. You understand and agree that Atana will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services.
You agree to defend, indemnify and hold harmless Atana and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of this Website in violation of any of the Terms.
Refunds, Exchanges and Return Policy
Facilities that have a contract with Atana shall pay to Atana all fees due for Services rendered up to and including the effective date of termination. Atana shall not refund to Imaging Facility any fees due and payable or paid for Services rendered prior to expiration or termination of the respective contract .
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately bar any further access to this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Your obligations to Atana will continue upon termination of your rights under these Terms, including restrictions regarding the content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all content downloaded or obtained from this Website, as well as all copies of any content.
This Website (excluding any linked Websites) is controlled by us from our offices within Maryland, USA. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Maryland, by accessing this Website, both of us agree that the statutes and laws of the State of Maryland, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue for Maryland, with respect to such matters.
In the event of any litigation arising out of or relating to these Terms or the breach, termination, validity, or enforcement of these Terms, the prevailing party shall be entitled to recover all costs and reasonable attorneys’ fees incurred, including, without limitation, costs and attorneys’ fees incurred in any investigations, trials, bankruptcies, and appeals. Any cause of action brought by you against Atana must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights or obligations under these Terms to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Website.
These Terms shall not be construed more strictly against any party regardless of who is responsible for their drafting. Unless the context of these Terms otherwise clearly requires, references to the plural include the singular and the singular include the plural. Wherever the context so requires, the masculine shall refer to the feminine, the feminine shall refer to the masculine, the masculine or the feminine shall refer to the neuter, and the neuter shall refer to the masculine or the feminine. The captions of these Terms are for convenience and ease of reference only and in no way define, describe, extend, or limit the scope or intent of these Terms.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.