The following terms and conditions constitute an agreement between you and Total Family Care of the Five Towns and Rockaway P.C. (“TF”, “we”, or “us”). These terms of use (the “Terms of Use” or this “Agreement”) govern your use of the [Website]. Your use of the Website is acceptance of these Terms of Use and represents the same effect as physically signing an agreement. We have the right to amend these Terms of Use at any time without notice to you by posting the revised Terms of Use on the Website. You agree that you are bound by those changes by continuing to use the Website.
I. NO PROVISION OF MEDICAL ADVICE; NO PHYSICIAN/PATIENT RELATIONSHIP
You acknowledge that while some Content (as defined below) may be provided by individuals in the medical field, the provision of such Content does not create a medical professional/patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment, but is provided for informational purposes only. “Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, content and other materials provided, made available or otherwise found on the Website. The Content is not intended to substitute for or replace any other diagnostic or therapeutic services. If you rely on any Content, you do so solely at your own risk.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS.
IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM, OR GO TO YOUR LOCAL EMERGENCY ROOM.
II. ACCURACY OF CONTENT
We do not warrant, and are not liable for, the accuracy, completeness, timeliness or usefulness of the Content.
The Content may be changed periodically without prior notice. All Content is provided “as is.” Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Your sole and exclusive remedy for dissatisfaction with the Website is to stop using the Website.
III. YOUR USE OF CONTENT
All Content included is proprietary to us and/or our licensors and protected by U.S. and international copyright law and conventions. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without express written consent. You are authorized only to use the Website for lawful, personal use and are not authorized to (i) reproduce, sell or exploit the Content for commercial purposes, and/or (ii) use the Content in any manner that could damage, disable, overburden, or impair our business, or interfere with any other party’s use and enjoyment of the Website. We do not transfer any intellectual property rights to you by permitting your use of the Website. Except as expressly and unambiguously provided herein, neither TF nor its suppliers grant you any express or implied rights, and all rights in the Content not expressly granted to you hereunder are retained by TF.
IV. LIABILITY OF US AND OUR AFFILIATES
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM THE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY US OR OUR AFFILIATES, AND WHETHER OR NOT WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
V. MISCELLANEOUS
Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify this Agreement.