Terms of Use for Visitors to The Bolick Clinic, Inc.’s Web Site:
THIS NOTICE EXPLAINS HOW THIS SITE IS INTENDED TO BE USED. PLEASE REVIEW THIS NOTICE CAREFULLY.
I. Acceptance of Terms of Use:
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. The Bolick Clinic, Inc.(“Service Provider”) provides complimentary Internet-based communications and information services to you. By visiting this Web site, you are agreeing to abide by these Terms of Use without modification, and as such terms may be modified from time to time by Service Provider. If you do not agree to these Terms of Use, please do not visit, browse, or register on Service Provider’s Web site. Your continued use of Service Provider’s Web site will signify your acceptance of any change in the terms and conditions set forth herein. Service Provider may change the Terms of Use at any time and therefore you are advised to consult the Terms of Use each time you visit Service Provider’s Web site.
II. Information Contained on This Web Site:
The content on this Web site is presented in summary form, is general in nature, and is provided for informational purposes only. The content is not intended to be medical advice and is not intended in any way to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a treatment. Neither the content nor any other service offered by or through Service Provider or this Web site is intended to be relied on for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Web site. You understand further that the Internet contains unedited materials some of which are sexually explicit and may be offensive to you. In addition, you understand that information on this Web site may contain inaccuracies or typographical errors. You access this material at your own risk. Service Provider, its licensors and its suppliers have no control over and accept no responsibility whatsoever for such materials. The text, graphics, images, products, programs and other material including software licensed by this Web site contained on this Web site (“Content”) may be changed, updated or discontinued at any time without notice to you. Products and pricing displayed or offered on this site may be changed or discontinued at any time without notice to you. You agree that Service Provider, its licensors, and its suppliers do not guarantee the availability of any offer made on this site.
III. Proprietary and Copyright Information:
Upon acceptance of these Terms of Use, Service Provider authorizes you to view or download a single copy of the material on this Web site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provide on this Web site. Any such special rules are listed as “Legal Notices” on this Web site and are incorporated into these Terms of Use by reference. The Content is protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into an language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Service Provider, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows: Copyright © [2009], The Bolick Clinic, Inc. All rights reserved. For information obtained from Service Provider licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited. Content is subject to change without notice at the editorial discretion of Service Provider. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
IV. Sign-in Log:
The Practice maintains a sign-in log for individuals seeking care and treatment in the office. The sign-in log is located in a position where staff can readily see who is seeking care in the office, as well as the individual’s location within the Practice’s office suite. This information may be seen by, and is accessible to, others who are seeking care or services in the Practice’s offices.
V. Links:
Service Provider’s Web site may provide, or third parties may provide, links to other Web sites or resources. Because Service Provider has no control over such Web sites and resources, you acknowledge and agree that Service Provider is not responsible for the availability of such external Web sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You further acknowledge and agree that none of Service Provider, its licensors or suppliers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Web site or resource.
VI. Disclaimer of Warrantees:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF SERVICE PROVIDER’S WEB SITE IS AT YOUR RISK. THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF SERVICE PROVIDER, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. B. EACH OF SERVICE PROVIDER, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT (i) THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS. C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
VII. Liability:
YOU EXPRESSLY UNDERSTAND THAT IN NO EVENT WILL SERVICE PROVIDER, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER-LINKED WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, GOODWILL, USE, PROFITS, OR OTHER INTANGIBLE LOSSES ON YOUR INFORMATION HANDLING SYSTEM, OR OTHERWISE, EVEN IF SERVICE PROVIDER, ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIII. Exclusions and Limitations:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IX. Indemnity:
You agree to defend, indemnify and hold each of Service Provider, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including software). Service Provider shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
X. General Information:
These terms of use constitute the entire agreement between you and Service Provider and govern your use of this Web site, superseding any prior agreements between you and Service Provider. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Use and the relationship between you and Service Provider shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Service Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Florida. The failure of Service Provider to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site of these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
XI. Entire Agreement:
If any term, covenant or condition of this agreement or application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such term, covenant or condition to such persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this agreement shall be valid and enforced to the fullest extent permitted by law.