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
C. YOUR USE OF THIS 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.
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.
E. ELECTRONIC COMMUNICATIONS
F. RIGHT TO MONITOR AND RIGHT TO TERMINATE
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
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.
I. ADVERTISEMENTS, PROMOTIONS AND LINKS TO OTHER SITES
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.
743 Jefferson Avenue Suite 203 | Scranton, PA 18510
P. ENTIRE AGREEMENT
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 firstname.lastname@example.org..