Terms & Conditions

Welcome to the website ("Site") provided by Dr. Mark Gardner of UPMC ("we," "us," or "our"). Your use of this Site constitutes acceptance of the following terms, conditions, and notices without modification:

Modification of These Terms of Use:

We reserve the right to modify the terms, conditions, and notices under which this Site is offered, including associated charges.

Links to Third Party Sites:

This Site may contain links to other websites ("Linked Sites"). We do not control these Linked Sites and are not responsible for their content, including any updates or changes. The inclusion of these links is for convenience only and does not imply endorsement.

No Unlawful or Prohibited Use:

You agree not to use this Site for any unlawful or prohibited purposes. This includes actions that could damage, disable, overburden, or impair the Site, or interfere with others' use and enjoyment.

Children's Privacy

We are committed to protecting the privacy of children. UPMC and Dr. Gardner's online services are not intended or designed to attract children under the age of 13. We do not knowingly collect, maintain, or use personal information from children under 13 years of age. If you learn that your child has provided us with personal information without your consent, you may alert us at webmaster@upmc.edu. If we learn that we have collected any personal information from children under 13 years old, we will promptly take steps to delete such information.

Security Policy

UPMC and Dr. Gardner maintain 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.

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, Dr. Mark Gardner and other healthcare 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.

Please contact us with any comments or concerns regarding the content on our online services or if you wish to provide feedback.

Restrictions on Use

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

Dr. Mark Gardner owns the information on our online site. The entire contents and design of our online services are protected under U.S. and 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 contact us.

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).

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 this site, such as text, graphics, images, information obtained from Dr. Mark Gardner, 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 this site.

Dr. Mark Gardner disclaims any liability whatsoever for any documentation, information, programs, software, or other material which is or may become a part of the online services. Dr. Gardner 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. If you are seeking a referral or consultation with Dr. Gardner, please contact us.

Email Disclaimer

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

Email Risks and Your Responsibility

At the discretion of the UPMC, its staff, physicians and agents (UPMC) and upon your agreement to the terms outlined within this consent form, you may use email to communicate with UPMC medical professionals and Dr. Mark Gardner. These emails may contain your personal health information. If you decide to use email to communicate with UPMC, you should be aware of the following risks and/or your responsibilities:

Because the Internet is not secure or private, unauthorized people may be able to intercept, read and possibly modify email you send or are sent by UPMC.
You must protect your email account, password and computer against access by unauthorized people.
Because email can be used to spread viruses, some which cause email messages to be sent to people who you do not intend to send email messages to, you should install and maintain virus protection software on your PC.
Because emails can be copied, printed and forwarded by people to whom you send emails, you should be careful regarding whom you send emails.
As your employer may claim ownership of, or the right to access, the email account issued to you by your email, you should avoid using an employer issued email account to communicate with UPMC.
If you do provide an employer-issued email account to communicate with UPMC, you understand and agree that your employer may have the right to access to all email sent by UPMC to the account, and you provide permission to UPMC to send email, including billing statement availability emails, to the account, unless and until you change the email address for UPMC communication in MyUPMC.

Conditions For The Use Of Email

By consenting to the use of email with UPMC, you agree that:

UPMC may forward emails as appropriate for diagnosis, treatment, reimbursement, billing, and other related reasons. As such, UPMC staff members, other than the recipient, may have access to emails that you send. Such access will only be to such persons who have a right to access your email to provide services to you. Otherwise, UPMC will not, otherwise, forward emails to independent third parties without your prior written consent, except as authorized or required by law.
Although UPMC will try to read and respond promptly to your emails, UPMC staff may not read your email immediately. Therefore, you should not use email to communicate with UPMC if there is an emergency or where you require an answer in a short period of time.
If your email requires or asks for a response, and you have not received a response within a reasonable time period, it is your responsibility to follow up directly with UPMC.
You should carefully consider the risk of using email for the communication of sensitive medical information, such as, but not limited to, information regarding sexually transmitted diseases, AIDS/HIV, mental health, developmental disability, or substance abuse.
You should carefully word your email messages so the information provided clearly, yet briefly, describes the information you intend to convey. You should avoid writing long "chatty" emails.
You are responsible for correcting any unclear or incorrect information.
UPMC reserves the right to save your email and include your email or information contained within your email in your medical record.
It is the patient's responsibility to follow up and/or schedule an appointment if warranted or recommended by UPMC.
Emails may not be the only form of communication that UPMC will use to communicate with you. Additionally, UPMC may decide that it is not in your best interest to continue to communicate with you by email. In such case, UPMC will notify that it no longer intends to communicate with you by email.
If you provide an email address to UPMC for communication, UPMC may use that email address to notify you when a new billing statement is available.

Email Instructions

You shall immediately inform those individuals with whom you communicate with at UPMC of changes in your email address.
You shall send emails only to such UPMC email addresses as instructed.
You shall put your name and such other information as is necessary for UPMC to identify you in the body of the email.
You shall include the category of the communications in the email's subject line, for handling purposes (e.g. prescription, appointment, medical advice, billing question, etc.)
Prior to sending the email, you shall review the email to make sure it is clear and that all relevant or requested information is provided.
You consent to communicate by email by sending an email to all of the email addresses (mailboxes) that you had previously communicated to.

You can unsubscribe from UPMC emails at any time.

Liability Disclaimer:

The information, products, and services on this Site may contain inaccuracies or errors. We make no guarantees regarding their suitability, reliability, or accuracy for any purpose. Use advice obtained from this Site at your own risk.

To the maximum extent permitted by applicable law, we and our suppliers disclaim all warranties and liabilities related to your use of this Site. This includes but is not limited to any consequential damages.

International Use

UPMC’s online services are designed for and intended for users in the United States of America only. UPMC, its affiliates and UPMC Providers make no representations that the online services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the online service from territories where the content in the online services is illegal is prohibited. If you choose to access or use the online services from a location outside the United States, you do so on your own initiative and risk, and you are solely responsible for compliance with local laws.

WARRANTY DISCLAIMER

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.

TO THE FULLEST EXTENT PERMITTED BY LAW, 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.

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.

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, GLPP, 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, GLPP, 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, GLPP, 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.

Trademarks: Names mentioned on this Site may be trademarks of their respective owners. Any fictitious names used are not associated with real companies or entities.

Notices: For inquiries, please contact us by phone at 724-962-9622 or by mail at

449 N. Hermitage Rd.

Hermitage, PA 16148