AGREEMENT BETWEEN USER AND TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY
The Texas Health Center for Diagnostics & Surgery Website is comprised of various pages operated by Texas Health Center for Diagnostics & Surgery.
Your permission to use the Texas Health Center for Diagnostics & Surgery Web site is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Texas Health Center for Diagnostics & Surgery Website constitutes your agreement to all such terms, conditions, and notices including any documents, policies or guidelines incorporated by reference.
Modification of these Terms of Use
Texas Health Center for Diagnostics & Surgery reserves the right to change the terms, conditions, and notices under which the Texas Health Center for Diagnostics & Surgery Website is offered, including but not limited to the charges associated with the use of the Texas Health Center for Diagnostics & Surgery Website.
Links to Third Party Sites
Texas Health Center for Diagnostics & Surgery Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Texas Health Center for Diagnostics & Surgery and Texas Health Center for Diagnostics & Surgery is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Texas Health Center for Diagnostics & Surgery is not responsible for webcasting or any other form of transmission received from any Linked Site. Texas Health Center for Diagnostics & Surgery is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Texas Health Center for Diagnostics & Surgery of the site or any association with its operators
No Unlawful or Prohibited Use
As a condition of your use of the Texas Health Center for Diagnostics & Surgery Website, you warrant to Texas Health Center for Diagnostics & Surgery that you will not use the Texas Health Center for Diagnostics & Surgery Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Texas Health Center for Diagnostics & Surgery Website in any manner which could damage, disable, overburden, or impair the Texas Health Center for Diagnostics & Surgery Website or interfere with any other party's use and enjoyment of the Texas Health Center for Diagnostics & Surgery Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Texas Health Center for Diagnostics & Surgery Website.
Use of Communication Services
Texas Health Center for Diagnostics & Surgery Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Texas Health Center for Diagnostics & Surgery has no obligation to monitor the Communication Services. However, Texas Health Center for Diagnostics & Surgery reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Texas Health Center for Diagnostics & Surgery reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Texas Health Center for Diagnostics & Surgery reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Texas Health Center for Diagnostics & Surgery’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Texas Health Center for Diagnostics & Surgery does not control or endorse the content, messages or information found in any Communication Service and, therefore, Texas Health Center for Diagnostics & Surgery specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Texas Health Center for Diagnostics & Surgery spokespersons, and their views do not necessarily reflect those of Texas Health Center for Diagnostics & Surgery.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Texas Health Center for Diagnostics & Surgery or Posted at ANY Texas Health Center for Diagnostics & Surgery Website
Texas Health Center for Diagnostics & Surgery does not claim ownership of the materials you provide to Texas Health Center for Diagnostics & Surgery (including feedback and suggestions) or post, upload, input or submit to any Texas Health Center for Diagnostics & Surgery Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Texas Health Center for Diagnostics & Surgery , its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Texas Health Center for Diagnostics & Surgery is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Texas Health Center for Diagnostics & Surgery's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Your Account/Profile To access certain part of the Website, Texas Health Center for Diagnostics & Surgery may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by Texas Health Center for Diagnostics and Surgery may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.
Because sharing User IDs is prohibited, Texas Health Center for Diagnostics and Surgery assumes that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at the Service Contact email address.
Indemnity
You agree to defend, indemnify and hold harmless Texas Health Center for Diagnostics and Surgery, its officers, directors, representatives, employees and agents, and all of its parent companies, affiliations, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expense (including but not limited to reasonable attorney’s fees) arising from (i) your violations of any term of these Terms of Use; (ii) your violation of any third party right, including without limitation, any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your Submissions cause damage to a third party.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE, WITH THE DELAY OR INABILITY TO USE THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TEXAS HEALTH CENTER FOR DIAGNOSTICS & SURGERY WEBSITE.
SERVICE CONTACT: KennethHuckaby@texashealth.org
TERMINATION/ACCESS RESTRICTION
Texas Health Center for Diagnostics & Surgery reserves the right, in its sole discretion, to terminate your access to the Texas Health Center for Diagnostics & Surgery Website and the related services or any portion thereof at any time, without notice. Texas Health Center for Diagnostics & Surgery reserves the right to discontinue the Website of any service provided thereon, in its sole discretion and without any prior warning.
GENERAL PROVISIONS
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Tarrant County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Texas Health Center for Diagnostics & Surgery Website including any products or services made available through the Website. Use of the Texas Health Center for Diagnostics & Surgery Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Texas Health Center for Diagnostics & Surgery as a result of this agreement or use of the Texas Health Center for Diagnostics & Surgery Website.
Texas Health Center for Diagnostics & Surgery's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Texas Health Center for Diagnostics & Surgery 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Texas Health Center for Diagnostics & Surgery Website or information provided to or gathered by Texas Health Center for Diagnostics & Surgery with respect to such use.
If any part of this Texas Health Center for Diagnostics & Surgery agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Texas Health Center for Diagnostics & Surgery with respect to the Texas Health Center for Diagnostics & Surgery Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Texas Health Center for Diagnostics & Surgery with respect to the Texas Health Center for Diagnostics & Surgery Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
INTELLECTUAL PROPERTY
Texas Health Center for Diagnostics and Surgery, or people/entities from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way is Texas Health Center for Diagnostics and Surgery granting any license to you under any of those intellectual property rights. Texas Health Center for Diagnostics and Surgery reserves all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.
Texas Health Center for Diagnostics and Surgery retains, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to Texas Health Center for Diagnostics and Surgery, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by Texas Health Center for Diagnostics and Surgery is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Texas Health Center for Diagnostics and Surgery reserves all rights not expressly granted in the Website.
You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in a Submission that you post to the Website. You grant Texas Health Center for Diagnostics and Surgery an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Submission in any manner we choose.
COPYRIGHT NOTICE
If you believe Texas Health Center for Diagnostics and Surgery has infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to the Service Contact or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.” Your notice needs to include: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement 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 (6) 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 owner of an exclusive right that is allegedly infringed.