Welcome to USDigestivehealth.com, the US Digestive Health website!  

US Digestive Health (“USDH”) maintains this website for your personal information, education and communication. Your access to and use of this website is subject to these Terms of Use and our Privacy Policy.  Please read these Terms of Use and our Privacy Policy carefully before accessing or using the website, so that you fully understand your rights and responsibilities.  This website provides general information about USDH and its services free of charge to users in the United States.  By using this website, and any other linked website, you are specifically agreeing to use arbitration in connection with any disputes.

All uses of the USDH website are subject to these terms and conditions of use (these “Terms of Use”) including the arbitration terms at the end. 

Please read these Terms of Use carefully before accessing or using any part of this website. By accessing or using this website or any related website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the USDH Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this website. 

We may revise and update these Terms of Use at any time by posting the amended terms to this website. Your continued use of the USDH website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as they may be amended) or are dissatisfied with this website, your sole and exclusive remedy is to discontinue using this website

Not Medical Advice

The information and content contained on the USDH website is for informational purposes only and is never intended to be a substitute for or relied on for professional medical advice, diagnosis or treatment. 

If you think you may be experiencing a medical emergency, call your doctor or 911 immediately. You should always seek the advice of your physician or other qualified healthcare provider concerning your health or any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the USDH website. 

USDH does not recommend or endorse any specific tests, products, equipment, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by USDH, its employees and organized medical staff, others appearing on the website at the invitation of USDH, or other visitors or contributors to the website is solely at your own risk. 

Copyright Restrictions/Use of Content 

The entire contents of this website (including all information, software, text, displays, images and audio) and their design, selection and arrangement, are owned and copyrighted by USDH or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the USDH website for personal use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of USDH, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the USDH website, although you may not alter or remove any copyright or other proprietary notices included in those materials. Neither the title nor any intellectual property rights to any information or material in this website are transferred to you, but remain with USDH or the owner of that content. Except as expressly authorized by USDH in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this website, (b) access to this website or (c) use of this website or of any services or materials available through this website. 

Trademarks 

The term “USDH” and “US Digestive Health” are a trademark and the USDH logo and all related product and service names, designs and slogans are USDH trademarks (“USDH Marks”). You may not use USDH Marks without USDH’s prior written permission. All other names, brands and marks are used for identification purposes only and may be service marks, trademarks or registered service marks, trademarks of their respective owners.

Use of this website

You agree to use the USDH website only for lawful purposes. In using this Web Site you agree not to do any of the following: (1) use the USDH website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction or location; (2) intercept or attempt to intercept electronic mail not intended for you; (3) misrepresent an affiliation with any person or organization; (4) misrepresent your identity or assume the identity of another person or organization; (5) Delete, modify, hack or attempt to change or alter any of the content; (6) Use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the website or servers or networks connected to the website, or take any other action that interferes with other parties’ use of the website; (7) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the website for purposes other than for a generally available search engine; (8) use any USDH names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text; (9) use any material or information, including text, images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, rights of publicity or other proprietary right of any party; (10) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (11) reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise defraud or create false results from any executable code, or information on or received by the website; or (12) use the content or the website in an unlawful way or for an unlawful or illegitimate purpose, or in any manner inconsistent with these Terms.  Your failure to comply with these provisions may expose you to civil and/or criminal liability.

Privacy and Protection of Personal Information 

USDH’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our privacy policy available here: https://usdigestivehealth.com/privacy-policy/ and is incorporated by reference into these Terms of Use

Comments and Submissions 

USDH welcomes your comments. All comments, suggestions or other information sent by you to this website is for internal use by USDH or its business partners and will become USDH’s property. You agree that all intellectual property rights are transferred to USDH. You understand that any postings to publicly available portions of the USDH website are non-confidential for all purposes. 

Links to Other Sites 

The USDH website may contain links to other web sites on the Internet. USDH is not responsible for and does not endorse the content, products or services of any third-party web sites, including, without limitation, sites framed within the USDH website or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. 

Compliance 

USDH is based in Pennsylvania and also operates in Delaware. USDH makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from other locations, you are responsible for complying with local laws. 

Contacting USDH 

Please contact the USDH Privacy Officer via email at Compliance@USDhealth.com or via telephone at 610-234-7900 if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use or with questions or comments you may have. 

Liability of US Digestive Health and its Licensors 

USDH does not assume any liability for the materials, information and opinions provided on, or available through, the USDH website (the “Site Content”). Reliance on the Site Content is solely at your own risk. USDH disclaims any liability for injury or damages resulting from the use of any Site Content. 

THE WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER US DIGESTIVE HEALTH NOR ANY PERSON ASSOCIATED WITH US DIGESTIVE HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE USDH WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER US DIGESTIVE HEALTH NOR ANYONE ASSOCIATED WITH US DIGESTIVE HEALTH WARRANTS OR REPRESENTS THAT THE USDH WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE USDH WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE USDH WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. US DIGESTIVE HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 

IN NO EVENT WILL US DIGESTIVE HEALTH OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE USDH WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE USDH WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY US DIGESTIVE HEALTH AND WHETHER OR NOT US DIGESTIVE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. 

WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES IS LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE WEBSITE SITE THAT RESULT FROM ANY ACT OR OMISSION OF USDH, USDH AFFILIATES, ANY USDH LICENSOR OR SUPPLIER, SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER. 

Miscellaneous  

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of Pennsylvania, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and USDH with respect to the USDH website, and no other terms shall have any force or effect. Any cause of action you may have with respect to the USDH website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. USDH’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision.  If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. 

Dispute Resolution  

You agree that any dispute arising out of or relating in any way to your use of the website requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate intellectual property rights.  USDH may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Montgomery County, Pennsylvania U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. 

No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages, which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

BECAUSE THE USE OF THE SITES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of Pennsylvania or to any Federal Court located within Pennsylvania for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this provision be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Pennsylvania.

Version 1.31.2023

You may contact the USDH Privacy Officer
Therese T. Jackson, CHC, CHPC
707 Eagleview Blvd,
Suite 100 Exton, PA  19341
Email:  Compliance@USDHealth.com Phone:  610-234-7900