USAGE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING
THIS AGREEMENT TO USE THIS SITE. BY USING THIS SITE AND
ITS CONTENTS, YOU INDICATE YOUR ACCEPTANCE OF THE ENTIRE
AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE
LEAVE THIS SITE.
This User Agreement is a legal agreement between you, as a
"Subscriber / User", and Pasco Surgical Associates or
PSA
("Company", "we" or "us"). Company makes certain products
and services available on this web site (the "Site") to
Subscribers and users who agree to comply with the following
terms and conditions.
AGREEMENTS: In consideration of the above
recitals and the mutual promises set out in this Agreement,
Company and Subscriber agree as follows:
1. USE OF SITE INFORMATION AND DOCUMENTS.
Except as otherwise indicated elsewhere on this Site, you may
view, print, copy and distribute reports, files and similar
documents made available on this Site, for your own personal,
non-commercial purposes. The documents and information permitted
to be copied do not include the layout or design of this Site.
2. MEDICAL ADVICE. Although this website
provides tools and information for its users, in no way is
Company providing medical advice to these members. Users
should always seek medical advice from a certified health
professional.
3.
PRIVACY. We take the issue of your privacy seriously.
We do not sell or share your personally identifiable protected
health information with anyone. We also will comply with our
obligations to keep your personal health information private as
required by the Health Insurance Portability and Accountability
Act (1996) ("HIPAA"). For more information, please read our
Privacy Policy at the end of this Agreement. You may at any time
request that your personal information be removed from our
records. If in the case that we receive your request in
writing, we will remove your information within 30 days.
4. INDEMNIFICATION. You agree to indemnify and
hold Company and PSA harmless from and against any and all
actions, suits, proceedings, losses, liabilities, damages,
costs, and expenses (including attorneys' fees) that Company or
PSA may incur or suffer in connection with any breach by
you of your obligations, warranties or representations in this
Agreement. You, Company, and PSA each agree to reasonably
cooperate with each other with respect to any such legal action.
5. LIMITATION OF WARRANTIES AND DISCLAIMERS.
THE SITE AND SOFTWARE IS PROVIDED "AS IS", AND COMPANY AND
PSA
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Company and PSA do not warrant that the Software is
entirely error-free. In particular, Company and PSA do not have
any obligation to review or analyze the data entered by you on
this Site.
COMPANY'S AND PSA'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR
THIS SITE SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT
EXCEED THE FEES YOU HAVE PAID. IN NO EVENT SHALL COMPANY OR PSA
BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF
BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THIS SITE,
REGARDLESS OF WHETHER SUCH PARTY HAS NOTICE OF THE POTENTIAL FOR
SUCH LOSS OR DAMAGE. The above limitations may be superseded by
law in some jurisdictions.
6. LINKS TO THIRD PARTY SITES. Links to
third-party web sites contained in this Site are provided only
as a convenience to users. Third-party web sites are independent
of Company and this Site, and Company does not control or
monitor the content and/or use of third-party sites. The
inclusion of links to third-party web sites does not imply any
endorsement of those sites or their contents. If you decide to
access or use any third party web sites linked to this Site, you
do this entirely at your own risk.
7. TRADEMARKS. The company and product names
and logos displayed on this Site are registered trademarks or
trademarks of Company or PSA. However, if the names or products
of any third party companies are referenced on this Site, they
are the property of their respective owners and may also be
trademarks. A trademark may be used publicly only with
permission from its owner.
8. FEEDBACK. We are pleased to hear from our
subscribers and welcome any comments regarding our products and
services. Any feedback concerning the Site or its contents,
including requests or suggestions for improvements, shall be the
sole property of Company or, if it relates to the Software, PSA
,
which may use them free of charge as they see fit. You hereby
assign all right, title and interest in such ideas, requests and
suggestions to Company and PSA, as applicable, and agree to
sign any additional documents reasonably requested in order to
complete or evidence such ownership.
9. ASSIGNMENT. This Agreement may not be
assigned by you without Company's prior written consent.
10.
U.S. GOVERNMENT RESTRICTED RIGHTS. All Software on this
Site utilized by or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S. Government") is
provided with Restricted Rights. Use, duplication, or disclosure
by the U.S. Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable.
11. APPLICABLE LAWS. Company controls this Site
from its offices in the United States of America. Company makes
no representation that the Software, documents, graphics and
other information in this Site ("Materials") are appropriate or
available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those
who choose to access this Site from other locations do so on
their own initiative and are responsible for compliance with
applicable local laws. You may not use or export the Materials
in violation of U.S. export laws and regulations. If any term of
this Agreement is found void or unenforceable, all other terms
shall remain in full force and effect. Any rights not expressly
granted herein are reserved by Company. This Agreement shall be
governed by the internal laws of Utah. The terms of this
Agreement may be modified by Company from time to time upon
notice to subscribers.
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