Terms of Use

Terms of Use, Privacy Policy and Your California Privacy Rights

The following terms and conditions (the “Terms of Use”) govern the use of www.drbarbaraplucknett.com (the “Website”), the website of Advanced Gynecology Associates, Inc. (the “Website Owner”).

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR DOWNLOADING INFORMATION FROM THE WEBSITE, SIGNING UP FOR THE EMAIL LIST, OR ANY OTHER USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE, THEN DO NOT USE THIS WEBSITE.

A. NO MEDICAL ADVICE

The contents of the Website, including opinions, advice, statements, comments, text, graphics, images, information and other materials (the “Content”) is for informational purposes only. The Content is not intended to be a substitute for medical advice, diagnosis or treatment. The Website Owner does not guarantee the accuracy or completeness of any of the Content and is not responsible for any loss or damages resulting from your reliance on the Content.

It is necessary to always seek the advice of your physician or other health care provider who is qualified to provide the particular health care services you seek (each, a “Provider”) with any questions you have regarding a particular health care condition you are experiencing. Further, you should seek professional advice from a Provider before undertaking any treatment or guidance described on the Website. All information and other Content provided by or via the Website is solely at your own risk and is not encouraged or endorsed in any way by the Website Owner. In case of emergency, contact your Provider or contact emergency services (e.g., by dialing “911” in most locations in the United States).

B. LEGAL AGREEMENT

As noted above, you consent to the terms of these Terms of Use by using this Website, such as by signing up for the email list, or using any other information or services provided by or in connection with this Website (the “Services”).

These Terms of Use may be revised, modified, altered or updated in the future by posting a new version on the Website. Your continued use of the Website or any Services after these Terms of Use is modified constitutes your consent to the terms of the revised Terms of Use. If you do not agree with any revisions to the Terms of Use, then do not use this Website.

These Terms of Use does not confer any third-party rights or benefits. If you violate any of the provisions of these Terms of Use, your permission to use the Website and the Content automatically terminates and you must immediately cease use of the Website and the Content.

C. YOUR USE OF THIS WEBSITE

You agree to use the Website for lawful purposes only. You agree not to use the Website for any commercial use without the prior written consent of the Website Owner. You agree that, at all times during your use of the Website, you will comply with the provisions of these Terms of Use as well as all applicable local, state, national, and international laws and regulations.

Title and ownership of the Content belongs to the Website Owner. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark or other laws. The Content is subject to change or termination without notice in the sole discretion of the Website Owner. All rights not expressly granted herein are reserved to the Website Owner. You acknowledge that you do not acquire any ownership rights in the Content or the Website by downloading, copying or using any material or information obtained from the Website. Except as expressly allowed by these Terms of Use, you may not copy, borrow, modify, publish, re-publish, transmit, display, participate in the transfer or sale of, create derivative works, or in any way exploit any of the Content, in whole or in part. You agree not to alter or modify any part of the Content or the Website.

You acknowledge that specific rules related to the billing services and other Services accessible through the Website, the email List or other services provided through the Website may be contained elsewhere on the Website and any such terms and conditions are incorporated by reference as if fully set forth herein.

You agree that the Website Owner shall have the right, but not the obligation, to monitor the content of the Website and to remove any material that the Website Owner, in its sole discretion, finds to be in violation of the provisions of these Terms of Use or otherwise objectionable. The Website Owner reserves the right to discontinue any aspect of the Website, or the entire Website, at any time.

C. LIMITATIONS OF LIABILITY

By using the Content and Services provided via the Website, you agree that in no event shall the Website Owner, its officers, employees, Providers, agents, affiliates, licensees and web hosting company (collectively, the “Website Parties”) be liable for any direct or indirect, incidental, special or consequential damages.

Your sole remedy for any breach or default of these Terms of Use by the Website Owner shall be a return of any fees paid to the Website Owner for any Content or Services provided under these Terms of Use.

D. INDEMNIFICATION

You agree to indemnify and hold harmless the Website Parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Website, including any breach by you of the terms contained in these Terms of Use. The obligations under this section shall survive any termination or expiration of these Terms of Use and your use of the Website.

E. ELECTRONIC COMMUNICATIONS

By signing up for the Website’s email list (the “eList”), you consent to receiving electronic communications from the Website Owner and others, including third parties. These communications may include educational newsletters and special e-mails containing information related to the Website or its Content. These communications are also subject to these Terms of Use and you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any necessary legal communication requirements related to the eList, including that such communications be in writing.

F. RIGHT TO MONITOR AND RIGHT TO TERMINATE

The Website Owner reserves the right, but is not obligated, to monitor materials posted in any public area on the Website and shall have the right to remove any information or other Content that, in its sole discretion, is deemed to be offensive or otherwise in violation of these Terms of Use or the Website Owner’s current standards. Notwithstanding the foregoing, you remain solely responsible for your use of any information or other Content contained on the Website.

The Website Owner reserves the right, in its sole discretion, to terminate or restrict your use of the Content or Services, without notice, for any or no reason whatsoever. Further, the Website Owner reserves the right to determine, in its sole discretion, whether you are in compliance with these Terms of Use and may at any time terminate a Website user’s access to the Website for violating these Terms of Use without prior notice to such Website user.

G. DISCLAIMER OF WARRANTY

Reasonable efforts have been made to ensure the accuracy of Content presented on the Website, but the accuracy of the Content cannot be guaranteed. The Website, the Content and any and all Services or products promoted via the Website are all provided on an “as is” and “as available” basis. The use of the Website, the Content and any product or Service discussed or promoted via the Website is at your own risk. When using the Website, Content will be transmitted over a medium (the internet) that is beyond the control and jurisdiction of the Website and its suppliers.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NEITHER THE WEBSITE PARTIES NOR ANY LICENSORS WARRANT THAT THE WEBSITE OR YOUR USE OF IT WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ANY USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT OR SERVICE PROVIDED ON OR THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND THE WEBSITE PARTIES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, PRIVACY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE PARTIES ASSUME NO LIABILITY NOR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE WEBSITE PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE WEBSITE PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

H. LIABILITY OF WEBSITE OWNER

If you are dissatisfied with the Website or any Content found thereon or with any provisions of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website. The Website Owner assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website.

The Website Parties are not liable for any personal injury, including death, caused by your
use or misuse of the Website or Content. In no event shall the Website Parties or any third party be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not any of the Website Parties are advised of the possibility of such damages. Any liability of the Website Parties shall be limited to the actual damages incurred, however, in no event shall such damages exceed One Thousand Dollars (USD $1000.00).

IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OR OTHER WEBSITE PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEBSITE OR AFFILIATED SITES, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. THE WEBSITE IS CONTROLLED AND OFFERED BY THE WEBSITE OWNER FROM THE UNITED STATES OF AMERICA AND THE WEBSITE PARTIES MAKE NO REPRESENTATION THAT THE WEBSITE OR ITS CONTENT IS APPROPRIATE OR AVAILABLE IN OR FOR OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER LOCATIONS OR JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of the Website or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

I. ADVERTISEMENTS, PROMOTIONS AND LINKS TO OTHER SITES

The Website discusses certain products and/or services of third parties. As noted above, the Website makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Website is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Website may lead to other web sites that are not controlled by, or affiliated with, the Website. In addition, other web sites may link to the Website. Unless expressly stated herein, the Website has not reviewed or endorsed any other web sites, has no control over the other web sites and is not responsible for the content, privacy policies or practices of any third party web sites. In addition, the Website Parties do not and cannot censor or edit the content of any third party web site. By using the Website, you expressly relieve the Website Parties from any and all liability arising from your use of any third party web site that you visit through the Website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of every other web site that you visit.

J. PRIVACY POLICY

The current version of the Privacy Policy for the Website is incorporated herein by reference as if fully set forth herein.

K. OWNERSHIP, COPYRIGHTS, TRADEMARKS, LICENSES

The Website Owner owns and retains all proprietary rights to the Website, all Services provided, and all trademarks, copyrights and other rights in and to the Website. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the Content or any other proprietary information on the Website or of the Website Owner.

The Website Owner respects the intellectual property rights of others and expects users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Where permitted by applicable law, we may also restore any Content that we have previously removed where permitted by law. In appropriate circumstances, the Website Owner may terminate a user’s account if the user is believed to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website or through the Services is:

Advanced Gynecology Associates, Inc.
Attn: Webmaster
743 Jefferson Avenue Suite 203 | Scranton, PA 18510
Email:copyright@drbarbaraplucknett.com

L. JURISDICTION

These Terms of Use or any dispute arising from these Terms of Use or between the parties is governed by the laws of the Commonwealth of Pennsylvania, without regard to provisions of conflicts of law. The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms. Any lawsuit arising from or related to these Terms of Use shall be brought exclusively before the United States District Court for the Middle District of Pennsylvania or the Court of Common Pleas in and for Lackawanna County, Pennsylvania, and you hereby consent to the exclusive jurisdiction and exclusive venue of any such court.

M. SEVERABILITY

The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

N. CERTIFICATION

You certify that you are at least eighteen (18) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

O. GENERAL

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and the Website Owner by your use of the Website. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Paragraphs C (Limitations of Liability and Indemnification), H (Liability of Website and Website Owner), L (Jurisdiction), and P (Entire Terms of Use). These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by the Website Owner without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use is for the benefit of the Website Parties, their subsidiaries, affiliates and their third party Content providers and licensors, and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.

P. ENTIRE AGREEMENT

These Terms of Use, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms of these Terms of Use, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

To obtain from the Website Owner the information specified by California law, please contact the Website Owner at Advanced Gynecology Associates, Inc., 743 Jefferson Avenue Suite 203 | Scranton, PA 18510, or by email at webmaster@drbarbaraplucknett.com..