Introduction. This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of the www.thecardiovascularcaregroup.com web site (the “Web Site”) and the information and services made available on and through the Web Site. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding agreement between you and the Cardiovascular Care Group, P.C. (the “Company”).
Acceptance of Terms and Conditions of Use. Your use of the Web Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Web Site. From time to time these Terms and Conditions may be revised by updating this document and posting it on the Web Site. It is your obligation to review these Terms and Conditions from time to time. Your continued use of the Web Site will constitute your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of the Web Site.
No Medical Advice. The content on the Web Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Company does not recommend or endorse any specific tests, products, procedures, physicians, clinics or other information that may be mentioned or reference on the Web Site. All information on the Web Site is of a general nature and is furnished for your knowledge and understanding only. This information is not to be taken as medical or other health advice pertaining to your specific health and medical condition. If you need medical advice or other health care assistance, you should consult with a qualified healthcare provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Web Site.
Intellectual Property Rights. Except as otherwise provided herein, all Content (as defined below) on the Web Site is the sole property of the Company, and is protected by U.S. copyright and international treaties. All Content on the Web Site provided by third parties is subject to any applicable terms and conditions provided by said third party, and you agree to be bound by those terms and conditions. The Company authorizes you to view and download a single copy of the Content on the Web Site solely for your personal, noncommercial use. Other than as expressly permitted by these Terms and Conditions, you may not reproduce, modify, display, sell, distribute, excerpt, summarize or otherwise remove the Content, or use the Content in any other manner or for any other purpose, including for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Web Site or on other Internet sites, as well as any graphics. For purposes of these Terms and Conditions, “Content” shall mean all text, graphics, designs and programming needed for the Web Site.
The “look” and “feel” of the Web Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks (“Marks”) are the property of the Company, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions, and any applicable third party terms and conditions.
Security Rules. To ensure the security of the Web Site and of users, you are prohibited form performing the following actions:
- accessing data not intended for you or logging into a server which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “mail-bombing” or “crashing” the Web Site;
- sending unsolicited e-mail, including promotions and/or advertising of products or services; and
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violation of these Security Rules may result in civil or criminal liability. The Company will investigate any occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
No Warranties.
YOU UNDERSTAND AND AGREE THAT THE COMPANY AND ANY CONTENT OR INFORMATION CONTAINED ON OR PROVIDED ON THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, CONTENT OR ANY INFORMATION PROVIDED THROUGH THE WEB SITE. IN ADDITION, THE COMPANY DOES NOT GUARANTEE THAT USE OF THE WEB SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY.
Limitation of Liability.
THE USE OF THE WEB SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE WEB SITE.
Indemnification. You agree to defend, indemnify and hold harmless the Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorney’s fees) arising out of your use of the Web Site, including without limitation any actual or threatened suit, demand, or claim made against the Company and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these Terms and Conditions, or your violation of the rights of any third party.
General Provisions. These Terms and Conditions will inure to the benefit of the Company’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. 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 or these Terms and Conditions 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 and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely in the State of New Jersey. You agree to submit to jurisdiction in New Jersey and that any claim arising under these Terms and Conditions will be brought solely in the state or federal courts in New Jersey.
