Andrews Website Terms of Use
Last Modified: December 15, 2016
These Website Terms of Use (these "Terms"), govern your access to and use of the Andrews Sports Medicine and Orthopaedic Center's ("Andrews") website (www.andrewssportsmedicine.com) and any other Website operated by Andrews Sports Medicine and Orthopaedic Center (collectively, the "Website")
Please read these Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
NO MEDICAL ADVICE
The information presented on or through the Website, including, but not limited to, artwork, text, photographs, graphics, video, audio, pictures, images, and any other material on the Website (collectively, "Content"), is provided for informational purposes only. Neither the Website nor its Content is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking medical advice because of something you have read on the Website. If you think you may have a medical emergency, contact your health services provider or other emergency service or call 911 immediately. Andrews does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website, and the determination of whether any tests, products, or procedures are appropriate for you is a determination that must be made by you and your chosen health care provider.
CHANGES TO THESE TERMS AND CONDITIONS OF USE
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
USE OF THE WEBSITE
Andrews makes the Website available to provide our patients or potential patients with information that we believe you will find useful. Although there is some medical and health information published on the Website, this information is no substitute for proper medical advice, diagnosis, treatment or care. We encourage you to review all information on the Website and to consult your physician if you still have questions. In no event shall Andrews be liable to you or anyone else for any decision or action taken by you in reliance on information available on the Website. No physician-patient or treatment relationship shall be created between any individual accessing the Website and Andrews or between any individual accessing the Website and Andrews' healthcare providers regarding any procedures explained or described herein.
We reserve the right to alter, limit or terminate the Website at any time, in our sole discretion, with or without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the all of the Website.
Andrews shall have the right to deny access to any user of the Website in Andrews' sole discretion, for any reason. Andrews has no obligation to monitor the use of the Website; however, it reserves the right to do so.
DISCLAIMER
Although Andrews makes every attempt to keep the information on the Website accurate and up-to-date, Andrews cannot attest at all times to the accuracy and completeness of the information contained on the Website. We cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
INTELLECTUAL PROPERTY RIGHTS
The Website and the Content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Andrews, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, post, download, store or transmit any of the material on our Website, except that you may print or download a single copy of a reasonable number of pages of the Website for your own personal, non-commercial use only, provided that you do not alter any copyright, trademark or other proprietary rights notices on such copies. In addition, if we provide social media features with certain Content on the Website, you may take such actions as are enabled by such features. Under no circumstances may you sell or otherwise distribute any of the information, content or materials from the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to the Website or any part of the Content in breach of these Terms, your right to use the Website and the Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or the Content is transferred to you as a result of these Terms or your use of the Website, and all rights not expressly granted are reserved by Andrews.
The Andrews name, the business name, Andrews Sports Medicine and Orthopaedic Center name, The Comeback My Patient Experience slogan, our logo and all related names, logos, product and service names, designs and slogans are trademarks of Andrews or its affiliates or licensors. You must not use such marks without the prior written permission of Andrews. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
PRIVACY
Andrews is committed to protecting your privacy and the privacy of
all users of our Website, and we have adopted certain privacy practices
to protect the information we collect from you. Our practices are
described in our Website Privacy Policy that you can access <
USAGE RULES
In conjunction with your use of the Website, you are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection or using any access credentials we provide to you, are aware of these Terms and comply with these Terms. You may use the Website only for lawful purposes and in accordance with these Terms.
You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards, set forth below.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Andrews, any employee or representative of Andrews, another user of the Website, including, but not limited to any Andrews' patient) or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Andrews or other users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
USER CONTRIBUTIONS
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, success stories and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. Andrews use or disclosure of User Contributions containing Protected Health Information will be in accordance with applicable law. You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns and that all of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Andrews, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
CONTENT STANDARDS
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and
privacy) of others or contain any material that could give rise to any
civil or criminal liability under applicable laws or regulations or that
otherwise may be in conflict with these Terms and our <
=""> . - Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by Andrews or any other person or entity, if this is not the case.
- Contain any charity requests, petitions for signatures, chain letters or letters relating to multi-level marketing (pyramid) schemes.
MONITORING AND ENFORCEMENT; TERMINATION
At all times, Andrews reserves the right, but assumes no obligation to monitor User Contributions. Andrews reserves the right to (a) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Andrews; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or (c) terminate or suspend your access to all or part of the Website for any or no reason.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND AGREE TO HOLD HARMLESS ANDREWS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party, as User Contributions or otherwise.
COPYRIGHT INFRINGEMENT
Andrews has adopted the following policy toward copyright and intellectual property infringement. The address of our Designated Agent to receive notification of claimed infringement ("Designated Agent") is:
Andrews Sports Medicine & Orthopaedic Center
Attn: Copyright Agent
805 St. Vincents Drive
Suite 100
Birmingham, AL 35205
copyright@ andrewssm.com
Andrews respects the intellectual property of others, and we expect and require our users to do the same. If you believe that material residing on the Website infringes your copyright or other intellectual property right, you must send a written notice of the claimed infringement to the Designated Agent listed above. The notice must specify the type of infringement at issue and include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest;
2. A description of the work that you claim has been infringed upon;
3. A description of where the material you claim is infringing is located on the Website (in sufficient detail to allow us to locate it on the Website);
4. Your address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information you submit is accurate and that you are the owner of the intellectual property or authorized to act on the owner's behalf.
Once a proper notice is received by our Designated Agent, we will investigate the allegations in the notice, and if appropriate, remove or disable access to the allegedly infringing material.
RELIANCE ON INFORMATION POSTED
Andrews requests that all Users review their postings for accuracy; however, Andrews does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such posted information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Andrews, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Andrews. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LINKS
From the Website
The Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
To the Website
You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
To the extent the Website may provide certain social media features you may use these features solely as they are provided to you, solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or any portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepages.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
WARRANTY DISCLAIMER
YOUR USE OF THE WEBSITE, THE CONTENT OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ANDREWS NOR ANY PERSON ASSOCIATED WITH ANDREWS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ANDREWS NOR ANYONE ASSOCIATED WITH ANDREWS REPRESENTS OR WARRANTS THAT THE WEBSITE, THE CONTENT OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ANDREWS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL ANDREWS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Andrews, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's Content, services and products other than as expressly authorized in these Terms.
USER REPRESENTATIONS
You represent and warrant that you (a) are at least 19 years of age, (b) possess the legal right and ability to agree to these Terms and to use the Website in accordance with these Terms, and (c) reside in the United States.
GEOGRAPHIC RESTRICTIONS
Andrews is based in the state of Alabama in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of the Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so on your own initiative and are responsible for compliance with local laws.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham and County of Jefferson, provided, however, that at Andrews's sole discretion, it may choose to bring any suit, action or proceeding against you for breach of these Terms in your state and county of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
JURY WAIVER
You irrevocably waive any right you may have to a trial by jury in the event of any dispute with Andrews, its officers, directors, employees, contractors or agents arising out of or resulting from your use of the Website or the Content contained therein, and agree that any such claims shall be tried to a judge sitting without a jury.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver of by Andrews of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Andrews to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
NONDISCRIMINATION
Andrews complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex. For further information on our nondiscrimination policies, please see our <<notice of="" nondiscrimination="" and="" accessibility<="" strong>="">>.
ATENCIÓN: si habla español, tiene a su disposición servicios gratuitos de asistencia lingüística. Llame al 1-205-939-3699.
주의: 한국어를 사용하시는 경우, 언어 지원 서비스를 무료로 이용하실 수 있습니다. 1-205-939-3699 번으로 전화해 주십시오.
ENTIRE AGREEMENT
The Terms constitute the sole and entire agreement between you and Andrews with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
YOUR COMMENTS AND CONCERNS
The Website is operated by Andrews Sports Medicine & Orthopaedic Center.
Other than copyright or privacy policy questions which may be addressed as provided for in these Terms, all other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@andrewssm.com
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