UPMC's Website Terms of Use

Updates as of April 15, 2023

Online Disclaimer

Welcome to the UPMC website or mobile application, where you can access various electronic services, documentation, content, programs, software, or other materials from UPMC ("online services"). These terms of use constitute an agreement between UPMC and you concerning use of our online services. Please carefully read these terms and conditions.

By clicking "I Accept," or by using our online services, you agree to these terms of use and terms incorporated herein by reference. If you do not agree to these terms of use, you may not access or use the online services.

• This online service is designed for general patient educational and information purposes only and does not render medical advice or professional services, unless we otherwise indicate with respect to the specific online service, for example, UPMC's live audio and video visit service. The information provided through this online service should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional health care, and is designed to support - not replace - the relationship you have with your health care provider. If you have or suspect you may have a health problem, you should consult your health care provider.
• If you think that you may have a medical emergency, call your doctor or emergency medical services immediately (118) or go to a hospital Emergency Department
• UPMC disclaims any liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of our online services. UPMC does not warrant or guarantee that the information will not be offensive to any user and/or may not meet your needs and requirements.
• Our online service may include links to third party Web service providers. These links are provided solely as a convenience to you and not as an endorsement of the content on such sites. We are not responsible for the content of linked third-party sites.
• UPMC adheres to the principles of the HON Foundation and we aim to follow these principles in the preparation of material we have placed on our online services.
• These terms of use, materials referenced in these terms of use, and the content of the UPMC online services are subject to change at UPMC's sole discretion without prior notice to you. Any changes made are effective upon posting. It is your responsibility to review these terms of use each time you access a UPMC online service, because you will be bound by any changes made.

Relationship to Other Terms

If there are additional terms associated with a specific online service, you will be presented with those additional terms at the time you access the online service. Those additional terms supplement these terms of use, and are incorporated herein. However, those additional terms will apply only to that particular online service, and any conflict between these terms of use and such supplemental terms will be interpreted in favor of the supplemental terms for that specific online service. Collectively, all these terms constitute an agreement between UPMC and you.

Privacy Statement

This section ("Privacy Statement") explains what information we collect, how we collect information, and why we collect information when you visit or use our online services. It also explains when, why, and with whom we share that information when you use the online services. The term "personal information" used in these terms of use means information about an individual that identifies, or describes a natural person.

For information on UPMC's compliance with the European Union's General Data Protection Regulation, please review our EU Notice of Privacy Practices. If you have any questions concerning the confidentiality of your personal information at UPMC, please contact the references in the privacy notice.

1. Collection and Use of Personal Information
   Generally, you can access our public online services, such as UPMC, ie, without UPMC asking you to provide us with your personal information. For certain services, we may ask you to provide us with your personal information while using that online service. This information is collected and used for the purposes described in these terms of use and in the relevant privacy notice and as indicated where and when the information is requested or collected, and as permitted by law.
2. Information We Collect
   We collect information you provide directly to us, such as when you create an account or profile, use the interactive areas and features of the online services, subscribe to our email list, participate in a survey or events, pay a bill, make a donation, request support, or otherwise communicate with us. Depending on the online services, when you access and use our online services, we may collect the following kinds of information from you:
   • Account information, such as your name, email address, password, postal address, phone number, date of birth and any other information you choose to provide.
   • Transaction information, such as your health insurance information and limited payment information from you, such as payment method and payment card information.
   • Information about others, such as the names and the contact information of your providers, your representatives, and any dependents in your care.
   • Health information, such as your past and present medical condition, medication information, and treatment history.
   • Other information you choose to provide, such as when you participate in a survey, assessment, contest, promotion or interactive area of the online services, live audio and video visit, or when you request technical or customer support.

   We also automatically collect the following information from you when you visit or use some of our online services:

   • Login information, where our servers record certain log file information, such as your Internet Protocol ("IP") address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the online services.
   • Device information, such as the device used to access or use the online services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. If your device settings permit, we may also collect information about the precise location of your device and access and collect information from certain native applications on your device (such as your device's camera, photo album and phonebook applications) to facilitate your use of certain features of the online services.
   • Online tracking information, such as through the use of tracking technologies, including cookies, pixel tags, local stored objects, and web beacons to collect information about you when you interact with our online services.
   • We may allow others to provide analytics services on our behalf using these technologies to collect information about your use of the online services and other websites. We also place Cookies of third parties, in the online services that track your interactions with that third party's website, content, advertisements, website links, and/or other online services. For more information about how and why we use these technologies, and how to disable them, please see our Cookies Notice. Some of this information may be used for re-identification. Re-identification is a process by which anonymized data collected on our online services (for example, UPMC.it) are matched with personally identifiable information. Re-identified data are used among other ways to provide website users with a more relevant and user-friendly online experience.
3. Why We Collect Information
   We collect your information for a number of reasons, depending on the online service, including to:
   • Provide, maintain and improve our online services and provide you with relevant information;
   • Send you technical notices, updates, and alerts;
   • Provide support, customer service, and administrative messages;
   • Respond to your comments and inquiries, and provide customer services;
   • Communicate with you about products and services offered by us and others, and to provide news and information about products, services, and events we think will be of interest to you;
   • Plan, administer and coordinate events, community groups and outreach activities;
   • Process financial assistance applications;
   • Process a donation to UPMC;
   • Monitor and analyze trends, usage and activities in connection with our online services;
   • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of UPMC and others;
   • Maintain appropriate records for internal administrative purposes.
   • Comply with applicable laws, regulations, and court orders.
   • Carry out any other purpose described to you at the time the information was collected.
4. Social Media Plug-Ins
   We may collect information that you have made public via your social media accounts. As a convenience to you, some of our public online services may use plug-ins from social media networks like Facebook, Twitter, and LinkedIn. These plug-ins are indicated by the social networks' respective logos on the online services and are used to establish a direct connection with these social networks. Integration of the plug-in may allow the social media network to receive information that you have loaded onto the online services. For example, if you are logged in with Facebook while you visit our online services, the plug-in may be able to assign your visit of our online service to your Facebook account. This information exchange takes place automatically. You may prevent this exchange if you log out of your social network before using the online services, disable this feature on your social network application or service, and/or disable cookies as described in our Cookies Notice.
5. How We Share Your Information
   • We will share your information with our service providers to maintain, improve, and protect our site. These providers may only use your information to accomplish the purposes described in these terms of use.
   • We will share your information with other entities that are subsidiaries of UPMC.
   • We will share your information with our advertising partners in order to display advertisements that we think are relevant to you. While much of the information we share is anonymized, we may permit selected advertising partners to match and re-identify you.
   • When you access our site while logged into a social network platform or when you post content from our online services to your social network platform, we may share your information with that platform.
   • We will share your information in the course of legal proceedings or in response to legal orders or government requests, and as otherwise required by law.
   • We will share your information as needed to support compliance and corporate governance functions.
   • We will share you information in connection with a transfer of ownership or assets, a corporate reorganization, merger, or acquisition.

Cookies Notice

UPMC Cookie Notice

Children's Privacy

We are committed to protecting the privacy of children. UPMC's online services are not intended or designed to attract children as defined by applicable law. We do not knowingly collect, maintain, or use personal information from children. If you learn that your child has provided us with personal information without your consent, you may alert us at info@upmc.it. If we learn that we have collected any personal information from children, we will promptly take steps to delete such information.

Security Policy

UPMC maintains commercially reasonable standards of security for the protecting our online services and information. Even so, no data transmission over the Internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, and to use your devices/apps in a secure and responsible manner. UPMC is not responsible for the security of your devices. If you have concerns about the transmission of your information over the Internet, you should consider using non-electronic communication methods.

Terms Applicable to Online Live Audio and Video Visit Services

If you elect to use UPMC's live audio and video visit services, such services also constitute online services. Your use of UPMC's live audio and video visit services are subject to these terms and conditions.

UPMC'S LIVE AUDIO AND VIDEO VISIT SERVICES MAY ONLY BE USED TO REQUEST ADVICE FOR NON-EMERGENCY AND NON-URGENT MEDICAL CONDITIONS. DO NOT USE UPMC'S LIVE AUDIO AND VIDEO VISIT SERVICES IF THERE IS AN EMERGENCY, URGENT CONDITION OR WHEN YOU REQUIRE AN IMMEDIATE ANSWER. IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD SEEK EMERGENCY MEDICAL SERVICES IMMEDIATELY OR CALL 118.

1. Online Account
   To access or initiate a UPMC live audio and video visit, you may be required to create an individual user account in the UPMC online service ("Account"). You agree that you will not create more than one Account, or create any account for anyone other than yourself and/or your dependent. In creating an Account, you agree to provide current, accurate information about yourself or your dependent, and you agree that each time you access your Account, you must update all information to keep it accurate, complete, and current. If information is provided that is untrue or incomplete or if it is suspected that the information provided is untrue or incomplete, UPMC may suspend or terminate your Account and refuse to provide you with service(s) in the future.
2. Services Provided
   If you elect to be treated by a UPMC Provider, the UPMC Provider will provide a diagnosis and recommend a treatment plan based on the information you provide during your UPMC live audio and video visit. You become a patient of UPMC when you use the UPMC's live audio and video visit service, and you agree that the health information collected and generated during such UPMC live audio and video visit will be part of your medical record.

   During your UPMC live audio and video visit, the UPMC Provider may direct you to a more traditional setting to receive care (such as in the physical presence of a healthcare provider). The UPMC Provider who will be reviewing your request for care and providing you with a diagnosis and/or treatment plan will be a qualified physician, physician assistant, nurse practitioner, health coach or other licensed practitioner. In addition, if you are already an established patient of UPMC, the record of your UPMC live audio and video visit will be included in your UPMC medical record.

   Please note that UPMC Providers may, at their discretion, deny a UPMC live audio and video visit and require a physical visit for patients under 3 years of age.

3. Prescription Medications
   UPMC's live audio and video visit service is not an internet pharmacy. If medically indicated, your treating UPMC Provider in his/her sole discretion and subject to applicable laws, may write prescriptions relating to your UPMC live audio and video visit as the treating UPMC Provider determines in his/her sole discretion. You understand that only your UPMC Provider will determine whether you need a prescription as part of your treatment regimen.
4. Your Obligations
   When you make a UPMC live audio and video visit appointment or participate in a UPMC live audio and video visit, you represent and certify, under penalty of perjury, to UPMC and the UPMC Provider that the following are true and correct in all respects:
   • You are not experiencing a medical emergency.
   • You will not disregard medical advice previously given to you by another provider based upon the treatment you receive from a UPMC Provider during your UPMC live audio and video visit.
   • If you are seeking care on behalf of a minor, you are the minor's parent or legal guardian and you agree to these terms and conditions and all applicable references contained herein on the child's behalf. If you are seeking care on behalf of an adult of whom you have proxy permission, you are the legal proxy for such adult, and you agree to these terms and conditions and applicable references contained herein on behalf of the adult.
   • If you are seeking care on behalf of a minor, you will be present with the child during the video portion of your UPMC live audio and video visit.
   • If you are seeking care on behalf of another person, you are seeking such care with no frivolous intent and are acting within the best interests of the patient.
   • You are competent to use the live audio and video service, and you fully understand the terms and conditions set forth herein.
   • You understand that there are limitations associated with a UPMC live audio and video visit that may not arise in a traditional, in-person setting, such as technical and connectivity issues that may occur during your live audio and video visit. You have voluntarily chosen to be treated by the UPMC Provider and understand these limitations.
   • You have been given the opportunity to ask any and all questions about any medication(s) that may have been prescribed. You understand that there are risks and potential side effects as well as benefits in taking any medication.
   • If you are prescribed a medication, you will use the medication for your own medical needs, and you will not distribute, sell, or otherwise dispense the medication(s) to any other person(s).
   • You are not requesting the medication from multiple sources in order to provide or add to a stock of such medication or to exceed the amount necessary for your current personal medical needs.
   • You understand that certain over-the-counter medications, including herbal medicines and nutraceuticals, may adversely react with prescription medications, and you agree that you will not take any of these over-the-counter medications without first consulting your pharmacist or your primary care physician.
   • You will address with the UPMC Provider and your primary care physician any concerns regarding your UPMC live audio and video visit, questions, difficulties, or complications in connection with recommended treatment, or medications prescribed during your UPMC live audio and video visit.
5. You agree to indemnify and hold harmless UPMC and the UPMC Providers for any claims, damages, losses, charges, costs, expenses, and liabilities arising from or related to any breach by you of the above-certifications. Technology Limitations and Disclaimer
   Certain mobile devices, including smart phones and tablets, may allow you to complete the UPMC live audio and video visit using the mobile device. UPMC cannot and does not guarantee that every mobile device will allow you to use UPMC's live video and audio visit service. Also, UPMC is not responsible for any third party mobile device, application, or system used to access and use the UPMC live audio and video visit service. Use of these third party technologies is at your own risk. If your mobile device does not permit you to undertake and/or complete a UPMC live audio and video visit with a UPMC Provider, UPMC requests that you try using an appropriate desktop and/or laptop computer to undertake and complete the UPMC live audio and video visit. You must always take precautions in protecting your personal or confidential information and always ensure that your mobile devices and third party technologies are used in a safe and responsible manner.

Content Review

UPMC's goal is to provide high quality health information through the content on our online services. Every effort has been made to provide accurate, timely, and comprehensive information that will be useful to its readers.

We define content as all material (text, images, graphics, tables, audio, and visual) and menu icons, bars, listings, indices, as well as functions that support content such as links, navigation, searches, and calculations.

UPMC uses original, stock, and purchased photography on the online service. The individuals portrayed in the images are models and are not intended to imply endorsement or any association with any illness or condition.

The information provided on our online services was authored by, or has been reviewed and approved by, health care professionals at UPMC. Some of the consumer education information on the online service is provided through a contract with third parties.

We follow a standard set of editorial procedures for information that we post on our online services. However, we don't offer you any warranty or guarantee related to our online services; we specifically disclaim any warranties, expressed or implied. It is the responsibility of visitors to our online services to evaluate the information we provide and determine its relevancy and usefulness to them.

We welcome your feedback about the content provided on the UPMC online service. You may be asked on occasion to complete satisfaction surveys or provide customer feedback. UPMC may use that information to enhance functionality of the online services or to analyze the data as part of studies and reports. Your participation in these satisfaction surveys is completely voluntary and does not affect your use of the online services. Please note that we must make the final decisions about the information that is posted on our online services to ensure that it meets the needs of all of our users. Please contact us with any comments or concerns regarding the content on our online services or if you wish to provide feedback.

Social Media

UPMC Social Media Policy

Restrictions on Use

By using our online services, you agree to the following terms of use, which constitute an agreement between UPMC and you.

UPMC owns the information on our online services. The entire contents and design of our online services are protected under international copyright laws. You may look at our online service online, download information to your computer to read later, or print copies of pages for yourself, your family, or your friends. However, you must not remove any copyright notices from our materials. We reserve all other rights, which means that you must not sell our information, rewrite or modify it, redistribute it, use it on your own website, or use it for any other commercial purpose without our prior written permission.

We usually permit other organizations to provide a simple link from their site to ours. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in a way that could confuse our users. To request permission, please email the Webmaster (info@upmc.it).

You are responsible for the secure and proper use of any user accounts that you establish on our online services. You are also responsible for any actions taken utilizing your user account(s). UPMC strongly encourages you to not share your username and password, except that you shall not share your username or password to allow anyone access to your account in order to use a UPMC's live audio and video service. You understand that UPMC takes no responsibility for, and disclaims all liability for damages arising from, your sharing your account(s) with others, or your account(s) being compromised. If at any time you feel that your user account has been compromised or that your information has been inappropriately disclosed or used in any way, you should immediately (a) change your password, then (b) contact UPMC. If UPMC has reason to believe that your account has been compromised or misused, UPMC may suspend or discontinue your account(s) without prior notice.

You agree not to access or use any account that you create on our online services in an unlawful way or for an unlawful or illegitimate purpose, or in any manner that is not consistent with these terms of use. You shall not post, use, store, or transmit (a) a message or information under a false name, or misrepresent authorization to act on behalf of others, or assign false attribution or origin; (b) information that is knowingly wrong or deceptive, unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You agree not to attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the online service.

You shall not attempt to disrupt the operation of our online services by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use your account in any manner that could damage, disable, or impair our online services. You shall not attempt to gain unauthorized access to any user accounts, computer systems, or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other similar means to access your account for any purpose, or to harvest or collect personal information of any kind about any other individual who uses the online services.

Not a Substitute for Medical Advice

The contents of the UPMC online services, such as text, graphics, images, information obtained from UPMC's licensors, and other material contained on the UPMC.it online services ( "Content ") are for informational purposes only and does not render medical advice or professional services unless we otherwise indicate. The information provided through our online services should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider. Never disregard professional medical advice or delay in seeking it because of something you have read on UPMC's online services.

UPMC disclaims any liability whatsoever for any documentation, information, programs, software, or other material which is or may become a part of the online services. UPMC does not warrant or guarantee that the information will not be offensive to any user. User is hereby put on notice that by accessing and using the online services, user assumes the risk that the information and documentation contained in the online services may be offensive and/or may not meet the needs and requirements of the user.

If you think you may have a medical emergency, call your doctor or emergency medical services immediately.

Email Disclaimer

UPMC will use reasonable means to protect the privacy of your health information sent by email. However, because of the risks outlined below, UPMC cannot guarantee that email communications will be confidential. Additionally, UPMC will not be liable in the event that you or anyone else inappropriately uses your email. UPMC will not be liable for improper disclosure of your health information that is not caused by UPMC's intentional misconduct. UPMC Italy Email Policy.

Contact

Should you have any questions regarding these terms of use, the Privacy Statement, Cookies, or the collection, retention, or management of any information on this online service, please send an email to the relevant Data Protection Officer, contact details can be found in the EU Privacy notice.

Suspension and Termination

UPMC may suspend or terminate your access to an online service at any time, for any reason or for no reason at all. UPMC has the right (but not the obligation) to refuse to provide access to an online service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. UPMC reserves the right to change, suspend, or discontinue all or part of the online service, temporarily or permanently, without prior notice.

WARRANTY DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY LAW:

1. YOUR USE OF THE ONLINE SERVICES (INCLUDING ANY DOCUMENTATION, INFORMATION, PROGRAMS, SOFTWARE, OR OTHER MATERIAL ACCESSED ON THE ONLINE SERVICES) IS AT YOUR SOLE RISK. THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
2. UPMC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, UPMC DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED THE ONLINE SERVICES WILL BE CORRECTED.
3. UPMC IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR ONLINE SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UPMC OR ITS AFFILIATES OR THROUGH OR FROM THE ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
4. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE ONLINE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE ONLINE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, UPMC CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE ONLINE SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICE OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICES.

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 AND USE OF THE ONLINE SERVICE THAT RESULT FROM ANY ACT OR OMISSION OF UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES 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.

THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF UPMC, UPMC AFFILIATES, ANY UPMC LICENSOR OR SUPPLIER, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES HAVE BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE EXTENT PERMITTED UNDER SUCH LAW.