|
TERMS AND CONDITIONS
|
|
|
| If
you agree to the terms below, click the "Agree" button at the bottom of the
page. If you do not agree to the terms, please
click the "Disagree" button.
Welcome to our site. 1. Acceptance of
Agreement. You agree to the terms and conditions outlined in this Terms
of Use Agreement (the "Agreement") with respect to the web site maintained
by Cardiology Clinic of San Antonio ("CCSA") at
www.cardiologyclinic.org (the
"Site"). This Agreement constitutes the entire and only agreement between
CCSA and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, or services provided by or through the Site, and the subject matter
of this Agreement. You acknowledge that neither CCSA nor anyone on CCSA's
behalf has made any representations, inducements, promises or agreements,
orally or otherwise, to you relating to the subjects addressed by this user
agreement that are not embodied herein. This Agreement may be amended at any
time by CCSA from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site. 3. CHILDREN'S PRIVACY. Protecting the privacy of children is very important to CCSA. We do not knowingly collect or solicit personally-identifiable information from any person we know is a child under the age of 13. Our site is not intended or designed to attract children. If we discover that we have received any information from a child under age 13 in violation of this policy, we will delete that information immediately. 4. Copyrights. You acknowledge and agree that information presented to you through the Site, including text, graphics, design, logos, icons, images and software, and the arrangement and compilation of such content, are protected under applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws. 5. Limited Right to Use. Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CCSA or the copyright owner. However, you may print a copy of the information on this Site for your personal, non-commercial internal use or records. In so doing, you may not modify the materials and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these terms or conditions. If you make any other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. 6. Trademarks. The trademarks, service marks and logos (the"Trademarks") used and displayed on this Site are registered and unregistered Trademarks of CCSA and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. CCSA aggressively enforces its intellectual property rights to the fullest extent of the law. 7. Editing, Deleting and Modification. CCSA reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site. 8. Indemnification. You agree to indemnify, defend and hold harmless CCSA its agents, officers, directors, owners, representatives, employees, and their successors and assigns (the"Affiliated Parties"), from any liabilities, losses, claims and expenses, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. 9. NO WARRANTIES. THIS SITE, ALL SERVICES OBTAINED THROUGH THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS" BASIS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CCSA. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 10. Use of Information. CCSA reserves the right, and you authorize CCSA, to the use and the assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy 11. Privacy Policy.
Our
Privacy Policy, as
it may change from time to time, is a part of this Agreement. 13. Conduct. You agree (i) not to use this Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this Site or any networks connected to this Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (v) not to use this Site to collect or harvest personal information, including, without limitation, medical information about other participants at this Site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to use the services available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site. 14. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in
Bexar County, San Antonio, Texas, and shall be governed by and construed in
accordance with the law of the State of Texas (without regard to conflict of
law principles). Any cause of action by you with respect to the Site (and/or
information or services related thereto) must be instituted within one year
after the cause of action arose or be forever waived and barred. All legal
proceedings arising out of or in connection with this Agreement shall be
brought solely in San Antonio, Texas. You expressly submit to the exclusive
jurisdiction of said courts. |