Drew Medical Associates welcomes you to its Website and asks that you please review carefully its Terms and Conditions of Use. When you access, view, submit, or use the software, articles, content, material, or services available on through this Site, you agree to these Terms and Conditions, indicate that you have read and understand these Terms and Conditions, and that you intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use the Site and must exit immediately. Any violation of these Terms and Conditions or other act or omission by any person that obtains access to this Site through you that would be a breach of these Terms and Conditions if committed by you is deemed a breach of these Terms and Conditions by you for which you shall be responsible.
1. Informational Purposes Only
The information on this Site is for patient use only. No information, services, or materials offered by or through this Site shall be construed as or understood to be medical advice or care. None of the information on this Site shall be used to diagnose or treat any health problem or disease. ALL MEDICAL CARE REQUIRES THAT YOU PHYSICALLY CONSULT WITH A PHYSICIAN, DOCTOR, OR HEALTH CARE PROVIDER. Individual inquiries about sensitive or confidential matters should be addressed to Drew Medical Associates or an appropriate health care professional. In connection with this statement, please take particular care to read the Disclaimer of Warranty and Liability.
Drew Medical Associates endeavors to keep the Site and Site Materials on, in, and through the Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Drew Medical Associates is not responsible for any errors or omissions in the Site or Site Materials.
2. Proprietary Rights
All works of authorship, information, content, functional components, articles, software, downloads, upgrades, documentation, services, information and material appearing on, contained in, or made available through the Site (“Site Materials”) are protected by law, including without limitation United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including without limitation text, graphics, images, video, data, design, organization, compilation, look and feel attributes and other intellectual property) are copyrighted works of Drew Medical Associates, all rights reserved, or they are the copyrighted works of affiliates, licensors, or suppliers of Drew Medical Assocaites. Drew Medical Associates also owns a copyright in the Site as a collective work and compilation, and in the selection, coordination, arrangement, and organization of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Drew Medical Associates, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, scraping, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Drew Medical Associates, without advance written consent of Drew Medical Associates, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Drew Medical Associates, affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
3. Personal Data Submitted to the Site
By submitting Personal Data to the Site, you represent that you have the full legal right to provide such information. Users submitting personal information may not: (a) divulge any protected health information or infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including without limitation as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person or which impersonates another person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing or embarrassing; (d) be obscene, child pornographic, or indecent; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (g) result in liability, tort, breach of contract, personal injury, death, or property damage; or (h) constitute disclosure of any confidential information owned by any third party. Upon your submission of Personal Data or other material or information to Drew Medical Associates, you grant Drew Medical Associates, and Drew Medical Associates thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, reproduce and display such Data for the purpose of providing patient care. Drew Medical Associates may remove information submitted to its Site that is libelous, incorrect or otherwise inappropriate, in Drew Medical Associates’ sole discretion. Drew Associates shall not be responsible for changes, modifications, or removal of any User information submitted to its Site. Drew Medical Associates reserves the right to, but is not obligated to monitor, edit or disclose any Personal Data. Drew Medical Associates is not obligated to maintain back-up copies of any submitted Personal Data.
4. Communications With The Site
Drew Medical Associates welcomes your feedback and suggestions about how to improve our Site and its services, including, without limitation, the feedback and suggestions and all other information, data, material, or other content to Drew Medical Associates.
Our Privacy Statement is incorporated into these Terms and Conditions of Use by reference, as if fully set forth herein.
6. Disclaimer of Warranty and Liability
THE SITE, THE SITE MATERIALS AND PERSONAL DATA ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
You shall indemnify Drew Medical Associates and its employees, agents, contractors and licensors against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, violation of law, negligence, willful misconduct, or any other use of the Site, the User Materials, the Site Materials, the services, information and other materials on and in and made available through the Site, (except to the extent attributable to Drew Medical Associates), or any breach by you of these Terms and Conditions and shall indemnify and hold Drew Medical Associates Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
Drew Medical Associate may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Drew Medical Associates or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Drew Medical Associates, subject to the right of Drew Medical Associates to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
8. Complaint Procedure
If you believe that any content on the Site violates your intellectual property or other rights, please send to Drew Medical Associates a comprehensive, detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
9. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to Drew Medical Associates via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be, secure. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions of Use or otherwise, neither Drew Medical Associates nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
10. Corrections and Changes
Drew Medical Associates may make changes to the Site or Site Materials, information, or services made available in connection with its Site, at any time, and Drew Medical Associates makes no commitment to update the information contained on or in the Site. Drew Medical Associates reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
Drew Medical Associates reserves the right at any time to modify, alter or update these Terms and Conditions of Use. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
11. Governing Law and Jurisdiction
These Terms and Conditions of Use represent the entire agreement between you and Drew Medical Associates with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Florida, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
The Site is controlled and operated from within the United States. Without limiting anything else, Drew Medical Associates makes no representation that the Site, Site Materials, Personal Data, services, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions.
Dated: October 1, 2012
Copyright © 2012 Drew Medical Associates. All rights reserved.