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TERMS OF SERVICE
Overview:
This World Wide Web site with its home page
hereinafter referred to as Website
is an information service provided by David Lintner M.D., hereinafter
referred to as DOCTOR. The WEBSITE was created and is maintained by
eMedWebs, Inc. which is headquartered in the State of Texas, in the United
States of America, hereinafter referred to as EMEDWEBS. This WEBSITE is
provided to you, herinafter referred to as USER, at no charge with the
express condition that USER agrees to be bound by the terms and conditions
set forth in this document. DOCTOR and/or EMEDWEBS reserves the right to
change these terms and conditions at any time, and USER agrees to abide by
the most recent version of this TOS.
USER is advised to consult this TOS each and every time this WEBSITE
is used or viewed.
AGAIN, THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TOS") GOVERN YOUR USE
OF THIS EMEDWEBS WEBSITE, AND ARE LEGALLY BINDING ON YOU (USER). IF YOU DO
NOT AGREE WITH ANY ONE OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS
WEBSITE OR ANY INFORMATION CONTAINED WITHIN THIS WEBSITE. YOUR USE OF THE
SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS
SETFORTH BELOW.
a)
EMEDWEBS is providing this site, its contents
and links on an “as is” and “as available” basis and makes no
representations or warranties of any kind, express or implied with respect
to this site, its availability, contents or information or products or
services listed on the site.
b)
USER will hold harmless DOCTOR and EMEDWEBS
(it’s shareholders, officers, director, and employees from all claims
arising out of or related to USER access to or inability to access WEBSITE.
c) Again, YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. In consideration for use of and access to WEBSITE, you agree that in no event will EMEDWEBS or any other party involved in creating, producing or delivering this WEBSITE or any site linked to this WEBSITE, be liable to USER in any manner whatsoever for any decision made or action or non-action taken by USER in reliance upon the information provided through this WEBSITE.
a) USER should not rely solely on information provided in WEBSITE for their health needs. The material and content contained in WEBSITE is for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. All specific medical questions should be presented to USER’S own health care provider.
b)
DOCTOR makes no warranties or representations,
express or implied, as to the accuracy or completeness, timeliness or
usefulness of any opinions, advice, services or other information contained
or referenced in WEBSITE. DOCTOR does not assume any risk for WEBSITE.
USER of WEBSITE should be aware that information about health care changes
constantly; since WEBSITE is only updated periodically, it may not contain
the most recent information. DOCTOR and EMEDWEBS reserves the right to
update or change information contained in WEBSITE at any time. DOCTOR and
EMEDWEBS make no warranties of any kind regarding WEBSITE. In no event will
DOCTOR or EWEDMEDS or any of the contributors to the WEBSITE be liable to
USER or anyone else for any decision made or action taken on reliance of
information found on WEBSITE. Opinions and recommendations contained in
WEBSITE are not necessarily those of EMEDWEBS, nor are they endorsed by
EMEDWEBS.
c)
The use of WEBSITE does not create a
physician-patient relationship and does not obligate DOCTOR to follow-up or
contact USER.
a)
USER will hold harmless DOCTOR and EMEDWEBS
(it’s shareholders, officers, director, and employees from all claims
arising out of or related to USER access to or inability to access WEBSITE.
b)
EMEDWEBS and DOCTOR does not warrant that the
WEBSITE will operate error-fee or that the site and its server are free of
computer viruses and other harmful goods or conditions. If use of WEBSITE
or it’s content (defined below Section 4b) results in the need for servicing
or replacing equipment or data, EMEDWEBS and DOCTOR are not responsible for
those costs.
a)
EMEDWEBS and DOCTOR respects the intellectual
property of others, and demand the same.
b)
The entire content of WEBSITE (software,
photos, video, text, graphics, music, sounds or other material (collectively
“CONTENT”) is copyrighted and any attempt to infringe upon these materials
will subject USER or organization to criminal and civil penalties as
prescribed by law. You may not modify, publish, transmit, participate in
the transfer or sales, create derivative works, or in any way exploit, any
of the CONTENT of WEBSITE, in whole or part.
c)
Modification of CONTENT or use of CONTENT for
any purpose, including use of any such CONTENT on any other web site,
internet device, or networked computer environment is strictly prohibited. d) If WEBSITE contains any work that USER believes constitutes a copyright infringement, you must contact the EMEDWEBS Agent by e-mail: emedwebs@aol.com
a)
WEBSITE may provide links to other websites
which are not sponsored by EMEDWEBS or DOCTOR. These links are provided as
a convenience only. Because EMEDWEBS AND DOCTOR has no control over such
sites and resources, DOCTOR and EMEDWEBS are not responsible for information
appearing in links or for the availability of such external sites or
resources.
b)
DOCTOR and EMEDWEBS does not endorse and is not
responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources
These TOS shall be
governed by and construed in accordance with the laws of the State of Texas,
without giving effect to any principles of conflicts of law. You agree that
any action at law or in equity arising out of or relating to these terms
shall be filed only in the state or federal courts located in the Harris
county of the State of Texas and you hereby consent and submit to the
personal jurisdiction of such courts for the purpose of litigating any such
action. If any provision of these TOS shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between you and EMEDWEBS
relating to the subject matter herein and shall not be modified by USER
except in writing and signed by both parties. The TOS will inure to the
benefit of EMEDWEBS successors, assigns and licensees.
You agree to hold agree to indemnify, defend and hold harmless DOCTOR and EMEDWEBS, along with their officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of WEBSITE or your violation of the terms or conditions of this agreement (the TOS).
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| ©2003-2007 Dr. Lintner, MD. Orthopedic Sports Medicine Surgeon eMedWebs, Inc.® - TOS - All Rights Reserved |
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