Terms of Use - meridiancenter

Agreement between user and Meridian Center for Surgical Excellence, LLC (MCSE).

MCSE Web Site is comprised of various Web pages operated by MCSE

MCSE Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of MCSE Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

MCSE reserves the right to change the terms, conditions, and notices under which MCSE Web Site is offered, including but not limited to the charges associated with the use of MCSE Web Site.

LINKS TO THIRD PARTY SITES

MCSE Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of MCSE and MCSE 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. MCSE is not responsible for webcasting or any other form of transmission received from any Linked Site. MCSE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MCSE of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of MCSE Web Site, you warrant to MCSE that you will not use MCSE Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use MCSE Web Site in any manner which could damage, disable, overburden, or impair MCSE Web Site or interfere with any other party’s use and enjoyment of MCSE Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through MCSE Web Sites.

USE OF COMMUNICATION SERVICES

MCSE Web Site 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.
MCSE has no obligation to monitor the Communication Services. However, MCSE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MCSE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MCSE 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 MCSE’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MCSE does not control or endorse the content, messages or information found in any Communication Service and, therefore, MCSE 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 MCSE spokespersons, and their views do not necessarily reflect those of MCSE.

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 MCSE OR POSTED AT ANY MCSE WEB SITE

MCSE does not claim ownership of the materials you provide to MCSE (including feedback and suggestions) or post, upload, input or submit to any MCSE Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MCSE, its affiliated companies and necessary sublicensees 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. MCSE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MCSE’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.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MCSE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MCSE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN MCSE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA MCSE 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.

MCSE 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 MCSE WEB SITE 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. MCSE 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 MCSE 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 MCSE WEB SITE, WITH THE DELAY OR INABILITY TO USE MCSE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MCSEWEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF MCSE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MCSE 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 MCSE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MCSE WEB SITE.

SERVICE CONTRACT:

TERMINATION/ACCESS RESTRICTION

MCSE reserves the right, in its sole discretion, to terminate your access to MCSE Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Washington County, Oregon, U.S.A. in all disputes arising out of or relating to the use of MCSE Web Site. Use of MCSE Web Site 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 MCSE as a result of this agreement or use of MCSE Web Site. MCSE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MCSE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of MCSE Web Site or information provided to or gathered by MCSE with respect to such use. If any part of this 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 MCSE with respect to MCSE Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MCSE with respect to MCSE Web Site. 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.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

AGREEMENT TO TERMS OF USE

This World Wide Web site with its home page in the domain “meridiancenter.net” hereinafter referred to as the Website, is an information service provided by the Meridian Center for Surgical Excellence, LLC, hereinafter referred to as MCSE, at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement. MCSE reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions:

USER AGE REQUIREMENT

You represent and warrant that you are at least 18 years of age and that you have the legal right and ability to enter into and be bound by these Terms of Use. You represent and warrant that you have read these Terms of Use and that you agree to be bound by them and to comply with your responsibility as stated in these Terms of Use.

INFORMATION IS FOR GENERAL USE ONLY

You acknowledge that the information on the Website is provided ‘as is’ for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. MCSE makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

LINKS TO OTHER SITES ARE FOR CONVIENCE ONLY

MCSE may provide links on the Website to other websites, which are not under the control of MCSE. In general, any website which has an address (or URL) not containing “meridiancenter.net” is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by MCSE of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

COPYRIGHT STATEMENTS

The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by MCSE, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without MCSE prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of MCSE.

All text and electronic images on this Website are copyrighted materials, which are registered copyrights, unregistered common law copyrights, registered trademarks or sales marks of MCSE, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.

PHOTO MATERIALS

The photos in testimonial pages are of actual patients of MCSE. Other photographs are those of models and are not intended to represent actual or potential surgical results.

USE OF SITE DOES NOT CREATE A DOCTOR-PATEINT RELATIONSHIP

Use of this website including, but not limited to, transmissions of e-mail to MCSE through this website, does not create a physician/patient relationship between you and MCSE or any of MCSE’s physicians or staff members. E-mail responses from MCSE are to provide general information only and are not intended to be medical advice and do not create a physician/patient relationship between you and MCSE.

E-MAIL COMMUNICATION

While MCSE will respect and attempt to maintain the confidentiality of e-mail transmission between users of this website and MCSE, because of the inherent security risks of e-mail transmissions, privacy of e-mails between the user and MCSE is not assured. The user agrees to hold MCSE harmless from any claims or actions related to loss of confidentiality or any other type of potential damages resulting from e-mail transmissions between the user and MCSE.