Disclaimer/Terms and Conditions Governing General Use of this Web Site
The following terms and conditions apply to Midtown Pain and Spine Clinic (“the practice”, “we”) Web Site. Please read these terms and conditions carefully each time you access this site or any of our other Web sites, as the terms may change from time to time.
We hereby grant you the right to view and use this Web site subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this Web site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Our designated contact for obtaining written consent is:
2605 Blue Ridge Rd.
Raleigh, NC 27607
NO PERSONALIZED HEALTH INFORMATION AS DEFINED BY HIPAA IS COLLECTED OR PROVIDED ON THIS SITE.
4. Links to Other Sites.
While visiting this Web site, you may leave the site and access certain third party Web sites. The practice neither reviews nor controls the content and accuracy of these Web sites, and therefore will not be responsible for their content and accuracy. Your access to third party Web sites is at your sole risk.
Other Web sites on the Internet may contain unedited, sexually explicit, violent, racist or other types of material, which may be offensive to you. Please access other Web sites at your own discretion.
In our content areas, information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. The content areas should not be relied upon for specific medical advice for you. We and our suppliers assume no responsibility for how you use the information provided through this Service. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
The health information on this Web site is provided by the practice solely for informational purposes as a public service to enhance customer service for our customers and to promote consumer health. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a physician. The practice assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis. If you have a specific medical condition, please contact your health care provider. Use of this Web site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or a loved one. Please check with a physician or health professional if you suspect you are ill.
You exercise your own judgment when using or purchasing any product or selecting a physician through any site or service linked to this Web site. In addition, while the practice frequently updates its contents, medical information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies or typographical errors. Neither the practice nor its Web site endorses any medical or professional service obtained through information provided on this site or any links to this site.
Viruses, Worms, Use of Files
The practice cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. The practice does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will the practice be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from the appropriate practice copyright holder.
6. General Disclaimer.
All Material including any link to other sites and content found at linked sites is provided “as is” and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose. Due to the nature of the Internet, we do not warrant that access to this Web site or any of its pages will be uninterrupted or error free. The practice does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on this Web site. Note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you. Please check your local laws for any such restrictions.
7. Limitation of Liability (Indemnification).
You agree by accessing this Web site that under no circumstances or any theories of liability under international or civil, common or statutory law including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will the practice be liable for damages of any kind occurring from the use of this Web site or any information, goods or services obtained on this Web site including direct, indirect, consequential, incidental, or punitive damages (even if the practice has been advised of the possibility of such damages), to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you.
8. User Representations & Responsibilities.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use this Web site in accordance with this Agreement. You agree to be financially responsible for your use of this Web site and to comply with your responsibilities and obligations as stated in this Agreement.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web site you agree not to, do the following things: post sensitive personal health information as defined in the Notice of Privacy Practices, post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
The practice has taken reasonable steps and has employed industry-standard practices and technology to ensure the integrity and confidentiality of your personally identifiable information; however, since even the most secure system can be violated, the practice cannot guarantee security.
Minors and Child Online Privacy Protection Act
This Web site does not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act.
If you allow your minor child, or a child for whom you are legal guardian (a “Minor”), to access and use this Web site, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of this Web site; and (iii) the consequences of any use.
9. The Digital Millennium Copyright Act.
We reserve the right, but not the obligation, to terminate your access to this Web site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless or whether the material or activity is ultimately determined to be infringing. The practice may deliver notice to you under this Agreement by means of electronic mail, a general notice on this Web site or by written communication delivered by first class U.S. mail to your address on record in the practice’s account information, if any.
This practice does not interfere with standard technical measures used by copyright owners to protect materials. We have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:
2605 Blue Ridge Rd.
Raleigh, NC 27607
Any written notice regarding any infringement of copyright or of other proprietary rights, should be sent to our designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
B. 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.
C. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. 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 or other proprietary right owner, its agent, or the law.
If you choose to access this Web site from outside the United States you do so on your own initiative and are responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from this Web site to a foreign national or foreign country in violation of those laws.
There are references throughout this Web site to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.
11. Changes and Applicable Law.
We reserve the right to make changes to this Web site and our Legal Disclaimer/Conditions of Use. We encourage you to review the Web site and these terms periodically for any updates or changes. Your continued access or use of this Web site shall be deemed your acceptance of these Legal Disclaimers/Conditions of Use and any changes and the reasonableness of these standards for notice of changes. Use of this Web siteand purchases of products from this Web site will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and this Web site will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Tennessee. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any cause of action or claim you may have with respect to the practice must be commenced within one (1) year after the claim or cause of action arises. The practice’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The practice may assign its rights and duties under this Agreement to any party at any time without notice to you.