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1. Medical Disclaimers.
The Content available through the Site is for informational
and educational purposes only and is not a substitute for
the professional judgment of the health care professional
in diagnosing and treating patients. We do not give medical
advice, nor do we provide medical or diagnostic services.
Your reliance upon Content obtained by you at or through the
Site is solely at your own risk.
2. Patient Data and Legal Compliance.
The Services provided through the Site may enable Users to
transmit, store, and receive confidential patient information
("Patient Information"). State and Federal laws,
as well as ethical and licensure requirements of your profession
may impose obligations with respect to patient confidentiality
that may limit the ability of physicians, health care providers,
and persons acting on their behalf, to make use of certain
Services or to transmit certain information to third parties.
You represent and warrant that you will, at all times during
the term of this Agreement and thereafter, comply with all
laws directly or indirectly applicable to you that may now
or hereafter govern the gathering, use, transmission, processing,
receipt, reporting, disclosure, maintenance, and storage of
the Patient Information, and use your best efforts to cause
all persons or entities under your direction or control to
comply with such laws. You are, at all times during the term
of this Agreement and thereafter, solely responsible for obtaining
and maintaining all patient consents and all other legally
necessary consents or permissions required or advisable to
disclose, process, retrieve, transmit, and view the Patient
Information you transmit, store, or receive in connection
with the Site and the Services. You agree that we, our licensors,
and all other persons or entities involved in the operation
of Services provided through the Site, have the right to monitor,
retrieve, store and use Patient Information in connection
with the operation of such Services, and are acting on your
behalf in transmitting PatientInformation. We agree to use
commercially reasonable efforts to maintain the confidentiality
of such information and prevent the disclosure of such information
to third parties except in connection with the transmission,
storage, retrieval, and disclosure of such information on
your behalf and as may be required or permitted by law. WE
CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR
MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED,
MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES.
3. General Disclaimers.
THE SITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS"
BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT,
OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS
ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO
MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO
AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE,
(2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL
COMPONENTS, (3) IS YEAR 2000 READY OR COMPLIANT, OR (4) IS
SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU
BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY
CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF
YOUR USE OF THE SITE. Some jurisdictions do not permit the
exclusion or limitation of implied warranties. Therefore,
only if required by applicable law, some or all of the exclusions
or limitations above may not apply to you. You may have other
rights from jurisdiction to jurisdiction.
4. Exclusion of Damages.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR
LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY,
INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS
AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER
TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR
(2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS,
SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR
OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY
REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion
of certain types of damages. Therefore, only if required by
applicable law, some or all of the exclusions above may not
apply to you. You may have other rights from jurisdiction
to jurisdiction.
5. Indemnity. You agree
to defend, indemnify and hold us harmless against any losses,
expenses, costs or damages (including our reasonable attorneys’
fees, expert fees’ and other reasonable costs of litigation)
arising from, incurred as a result of, or in any manner related
to (1) your breach of the terms of this Agreement, (2) your
unauthorized or unlawful use of the Site, and (3) the unauthorized
or unlawful use of the Site by any other person using your
IDs.
6. Entire Agreement. This
Agreement, including the Neurosurgery P.A. Office Web Site
Policies, contains the entire agreement between you and us
relating to the subject matter hereof, and supersedes any
other oral or written communications relating thereto. This
Agreement may not be amended or supplemented by (1) any purchase
order or similar form originated by you relating to the subject
matter hereof, or (2) statements of any of our employees.
We reserve the right to make changes to this Agreement at
any time without advance notice. We agree to post all amended
forms of this Agreement on the Site and such amended forms
shall be effective immediately upon its posting. Such amended
forms shall be deemed to have been physically signed by you
by your signature on this Agreement. It is at all times your
responsibility to read the most current form of this Agreement
before using the Site to ensure that you agree to the terms
and conditions of any amendments made to this Agreement.
You agree that these standards for notice of amendments to
this Agreement are reasonable.
7. Other. We may assign
this Agreement, in whole or in part, in our sole discretion.
You may not assign your rights under this Agreement without
our prior written permission. Any attempt by you to assign
your rights under this Agreement without our permission
shall be void. The waiver by us of a breach of any provision
of this Agreement shall not operate or be construed as a
waiver of any other or a subsequent breach of the same or
a different kind. If any provision of this Agreement shall
be held by a court of competent jurisdiction to be contrary
to law, the remaining provisions of this Agreement shall
remain in full force and effect. This Agreement is governed
by the laws of the State of Texas, without giving effect
to any principles of conflicts of law.
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