Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE
These terms and conditions of use are a legal agreement (these “Terms”) between you and Southlake General Surgery hospital, with offices at 1545 E. Southlake Blvd, Suite 270 Southlake, TX 76092 (“SOUTHLAKE GENERAL SURGERY” or “we”, “us” or “our”), setting up terms and conditions under which you may access and use the services and features available on SOUTHLAKE GENERAL SURGERY’s website located at southlakegeneralsurgery.com as well as all other websites owned, operated, licensed, or controlled by SOUTHLAKE GENERAL SURGERY, and certain affiliate websites that are hyperlinked to the foregoing (collectively, the “Websites”). These Terms additionally apply to all mobile applications offered under the SOUTHLAKE GENERAL SURGERY name that do not have separate terms of service or that link to these Terms (the “Apps”). Collectively, the Websites and Apps are referred to in these Terms as the “Services.”
By using the Services, you hereby represent and warrant that:
- you are an individual must be eighteen (18) years of age;
- you have the legal power and authority to consent to, and be bound by, these Terms;
- if you have provided information to us in connection with your use of the Services, such information or data is valid and accurate.
We may reexamine and update these Terms at any time and without notice. Your continued use of the Services will constitute your acceptance and acknowledgment of these changes and the present form these Terms.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE
The information and content in the Services, including but not restricted to text, graphics, images, videos, and other material contained in the Services or any section of website like blogs, FAQ, etc, is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your primary care physician or doctor or other qualified health care provider with any questions or inquiries you have regarding your medical care, and never ignore professional medical advice or delay pursuing it because of something you have read on or via the Services. Nothing contained in the Services is intended or planned to constitute a medical diagnosis or treatment. Nothing in the Services is intended or proposed as a recommendation or endorsement of any specific test, product, procedure, opinion, or any other information that may be mentioned or referenced in the Services. Reliance on any information or data appearing in the Services or any section of website, including but not limited to information provided by SOUTHLAKE GENERAL SURGERY personnel or by other users of the Services, is solely at your own risk.
SOUTHLAKE GENERAL SURGERY does not warrant the accuracy, practicality, counsel, completeness, timeliness or usefulness of the opinions, advice, content, services or other information provided through the Services or on the Internet generally. The Services may contain health or medical-related materials or information that you may discover sexually explicit or otherwise offensive.
SOUTHLAKE GENERAL SURGERY and its affiliates, licensors, and suppliers have no influence over and accept or acknowledge no obligation for your compliance with the laws applicable to your country or state of residence.
INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
SOUTHLAKE GENERAL SURGERY hereby grants you an individual, non-exclusive, non-transferable, constrained, revocable right to use the Services for individual, non-commercial purposes only and as per these Terms. You agree not to use the Services for any other purpose, including however not constrained to any commercial purpose, without the prior written consent of SOUTHLAKE GENERAL SURGERY. For instance, you may not (and may not direct or authorize or propose any other party to),
- any Website co-branding, App, or any bit thereof,
- outline any Website or any bit thereof (whereby the Website will appear on the same screen with a portion of another website), or
- link any Website(s) to any other website(s). “Co-brand or Business brand" implies to show a brand logo, trademark of the business, brand name or different methods for attribution or distinguishing proof of any party in such a way as is sensibly liable to give a user of the Services the impression or feeling that such party has the privilege to publish, display, or distribute the Services or any content open or accessible within the Services.
The material and content accessible within the Services and any other website(s) or mobile application owned, operated, licensed, or controlled by SOUTHLAKE GENERAL SURGERY (collectively, the "Content") is the intellectual property and proprietary information of SOUTHLAKE GENERAL SURGERY or the party that provided the Content to SOUTHLAKE GENERAL SURGERY (as applicable). All title to, ownership of, and rights in and to such Consent is, and consistently will remain, the sole and exclusive property of SOUTHLAKE GENERAL SURGERY and its content providers (as appropriate). Accordingly, you may not copy or duplicate, distribute, republish, upload, post, transmit, or create subordinate works of the Content in any capacity without the prior written consent of SOUTHLAKE GENERAL SURGERY, except that you may print out a copy of the Content exclusively for your personal use. In doing as such, you may not remove or alter, or cause or direct to be removed or modified, any copyright, trademark, service mark, trade name, or some other proprietary notification or legend showing up on the Services or on any of the Content.
You may not use or utilize any SOUTHLAKE GENERAL SURGERY names or trademarks in any advertising or publicity, or in any case to show or infer sponsorship of or connection with any product or service, without the prior written consent or approval of SOUTHLAKE GENERAL SURGERY.
The Services may contain hyperlinks, directly or by means of search results, to different websites that are not maintained by, or affiliated with, SOUTHLAKE GENERAL SURGERY. Hyperlinks to such third-party websites are given as assistance to users and are not sponsored by or affiliated with the Services or with SOUTHLAKE GENERAL SURGERY. SOUTHLAKE GENERAL SURGERY has not reviewed or investigated any or all of such websites and is not responsible for the content of those websites. Hyperlinks are to be accessed or browsed at your own risk, and SOUTHLAKE GENERAL SURGERY makes no representations or warranties or guarantees about the content or text, completeness, or accuracy of these hyperlinks or the sites hyperlinked to the Services. Further, the inclusion of any hyperlink to a third-party website does not necessarily imply endorsement or support by SOUTHLAKE GENERAL SURGERY of that website or the material or content contained therein.
ADDITIONAL LICENSE TERMS THAT APPLY TO THE APPS
The Apps are licensed and authorized, not sold, to you. Your permit to each App that you download or acquire through the Apple App Store, the Google Play Store, or other mobile application storefront, portal, or provider, is subject to your prior acceptance or acknowledgement of these Terms.
The license or permit allowed to you herein by SOUTHLAKE GENERAL SURGERY for the Apps is limited to a non-transferable license to use the Apps on approved gadgets. For instance, iOS-based Apps might be used only on devices working on iOS (including but not limited to iPad and iPhone) that you own or control. This license does not allow you to use the Apps on any device or gadget that you do not own or control, and you may not distribute or make any App available over a network where it could be utilized by various gadgets simultaneously. You may not lease, rent, lend, sell, transfer, redistribute, or sub-license the Apps and, of the chance that you sell your gadget to a third party, you must delete the Apps from the device before doing so. You may not copy or duplicate (with the exception of as explicitly allowed by this license), recompile, reverse-engineer, disassemble, endeavor to infer the source code of, modify, or make derivative works of the Apps, any updates, or any part thereof (except as and only to the extent that any foregoing restriction or limitations is prohibited by applicable law). Any attempt to do so is a violation of the rights of SOUTHLAKE GENERAL SURGERY and its licensors. On the off chance that you breach this restriction, you may be subject to prosecution and damages.
The terms of this license or permit will govern any upgrades provided by SOUTHLAKE GENERAL SURGERY that potentially replace and/or supplement the original Apps, except if such overhaul is accompanied by a separate license in which case the terms of that license will govern.
The license is effective until terminated or closed by you or SOUTHLAKE GENERAL SURGERY. Your rights under this license will terminate automatically without notice from SOUTHLAKE GENERAL SURGERY if you fail to comply with any term(s) of this license or permit. Upon termination of the license, you will stop all use of the Apps and destroy all copies or duplicates, full or partial, of the Apps.
Location information provided by the Apps is for basic navigational purposes and is not intended or planned to be relied upon in circumstances where precise location information is needed or where erroneous, inaccurate, time-delayed, or incomplete location information may lead to death, individual injury, property, or environmental damage.
You may not use or in any case export or re-export the Apps except as authorized by United States law. Specifically, but without limitation, the Apps may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anybody on the U.S. Treasury Department's Specially Designated Nationals List or the United States Department of Commerce Denied Persons List or Entity List. By using the Apps, you represent and warrant that you are not situated in any such country or on any such list. You moreover agree that you won't utilize the Apps for any reasons prohibited by United States law, including, without constraint, the design and development, assembling, or production of nuclear, rocket, or chemical or biological weapons.
The Apps and related information and documentation are "Commercial Items", as that term is characterized at 48 C.F.R. §2-101, comprising of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are utilized in 48 C.F.R. §12-212 or 48 C.F.R. #227.7202, as material. Predictable with reference 48 C.F.R. #12.212 or 48 C.F.R. #227.7202-1 along-side 227.7202-4, as pertinent, the Commercial Computer Software and Commercial Computer documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users or clients as per the terms and conditions in this.
CONSENT TO USE OF DATA
In the occasion the accompanying functionality exists on the Services, SOUTHLAKE GENERAL SURGERY reserves the right, however isn’t obligated to do any or all of the following:
- Record the conversation in any public chat rooms;
- Investigate any allegation or charge that a correspondence doesn’t fit to the terms of this segment and decide in its sole discretion to remove or request the removal of the correspondence;
- Remove any correspondence that in SOUTHLAKE GENERAL SURGERY’s sole discretion is abusive, illegal, disruptive, or any case fails to agree to these Terms;
- Terminate your access to the Services or any territory thereof upon any breach of these Terms;
- Monitor, edit, or disclose any correspondence in the public areas; and
- Edit or erase any correspondence posted on the Services, regardless of whether such correspondence violates these guidelines.
THE SERVICES ARE GIVEN ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY SORT, EXPRESS OR SUGGESTED, INCLUDING HOWEVER NOT CONSTRAINED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR QUALIFICATION FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. SOUTHLAKE GENERAL SURGERY THUSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. SOUTHLAKE GENERAL SURGERY DOESN’T WARRANT THAT THE SUBSTANCE CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR IMPERFECTIONS WILL BE AMENDED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
SOUTHLAKE GENERAL SURGERY DOESN’T WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR UTILIZATION, OR THE RESULT OF USE, OF THE CONTENT ON THE SERVICES IN TERMS OF ACCURACY OR PRECISION, RELIABILITY, OR SOMETHING ELSE. THE SERVICES MAY INCORPORATE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR DEFECTS, AND SOUTHLAKE GENERAL SURGERY MAY MAKE CHANGES OR IMPROVEMENTS OR UPGRADES AT ANY TIME. SOUTHLAKE GENERAL SURGERY MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND EXPECT NO OBLIGATIONS OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED HEREIN.
BY ACCESSING OR BROWSING THE SERVICES, YOU ACCEPT ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OR UTILIZATION OF THE SERVICES AND ANY ITEMS OR PRODUCTS OR SERVICES DESCRIBED HEREIN.
LIMITATION OF LIABILITY
Under no circumstances shall SOUTHLAKE GENERAL SURGERY, or any of its directors, officers or members, affiliates, employees, agents, representatives, medical staff, successors, or assigns be liable to you or any other party(s) for any punitive, special, incidental, indirect, or consequential damages whatsoever, however emerging (including, without limitation, our negligence or carelessness), including, without limitation, damages resulting from loss of use or utilization, data, sales, goodwill or profits or benefits, regardless of whether we have been advised or educated of such possibility, or under any legal or equitable theory, in tort, in contract, at equity, or otherwise, emerging out of or in connection with your use or utilization of the Services.
Your sole and exclusive remedy or solution for dissatisfaction or disappointment with the Services is to stop using the Services. All information or data is transmitted over a medium that is beyond the control and jurisdiction of SOUTHLAKE GENERAL SURGERY. Accordingly, SOUTHLAKE GENERAL SURGERY accepts no responsibility or accountability for, or relating to, or identifying with, delay, failure, interruption, or corruption of any data or any information transmitted in connection with use or utilization of the Services or other sites or services accessed via the Services.
TO THE MAXIMUM EXTENT PERMITTED OR ALLOWED BY LAW, SOUTHLAKE GENERAL SURGERY DISCLAIMS ANY AND ALL LIABILITIES OR OBLIGATIONS WHATSOEVER RELATED TO THE USE OR UTILIZATION OF THE SERVICES BY ANYBODY OTHER THAN YOU.
You shall indemnify and hold SOUTHLAKE GENERAL SURGERY, its directors, executives, officers or members, affiliates, employees, agents, representatives, medical staff, successors, and assigns (the "Indemnified Parties”) harmless from any breach by you of these Terms, including any use or utilization of the Services other than as expressly or explicitly authorized or approved in these Terms. You agree that the Indemnified Parties will have no obligation regarding any such breach or unapproved use.
These Terms shall be governed or represented by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws principles.
These Terms can be modified or altered by SOUTHLAKE GENERAL SURGERY at any time, and such modification shall be effective immediately upon posting. You agree to review these Terms periodically to be aware of such modification or changes and your access or use of the Services shall be deemed your acceptance of the modified agreement.
Any inquiries or comments should be directed to email@example.com.
Copyright 2020 Southlake General Surgery or Valeria Simone. All rights reserved.