Terms and Conditions of Use
Welcome to the University Medical Partners Inc.’s Web Site (the “Site”). Please read the following Terms and Conditions of Use (“Terms”) carefully before using the Site. It governs your relationship with University Medical Partners Inc. regarding your use of the Site.
You should not substitute information on the University Medical Partners Inc. Web site for professional advice.
This Web site provides general educational information. This information is not provided in the course of a professional relationship between a health care provider and a patient. It is not intended to be, and should not be used as, a substitute for medical treatment by a health care professional.
University Medical Partners Inc. is not making a diagnosis of your condition or a recommendation about the course of treatment for your particular circumstances through the use of this Web site. You should not assume that information on a particular topic on the site is complete or up-to-date. You should never disregard or delay seeking medical advice because of what you have read on this Web site.
Your Permission to use the University Medical Partners Inc. Web site.
University Medical Partners Inc. give you limited personal permission to use the Web site. Your permission to use the Web site is limited in a number of ways. For example, the only use for which you may use, download, or print material contained on this Site is for internal non-profit research purposes. Any commercial use, such as selling content, creating course packs, or posting information on another Web site, is prohibited. You also may not:
- frame all or part of the Web site.
- change or delete any proprietary notices from materials downloaded or printed out from the Web site.
- systemically download or print materials from the Web site.
- transmit or provide any data from the Web site to a third party.
- use the Web site in a manner contrary to any applicable law.
Your permission terminates immediately, without any further action by University Medical Partners Inc., if you breach these Terms. You may not transfer or assign your permission to any other party.
University Medical Partners Inc. is the owner or licensee of all rights in the Web site, its content, software, and services. You have no right to such content, software or services if not expressly granted in this Agreement. “University Medical Partners Inc.” and the logos or other proprietary marks of University Medical Partners Inc.’s licensors and partners are trademarks of University Medical Partners Inc. or its licensors and partners. No right, title or interest in those trademarks is granted you in this Agreement.
The Site is Provided “As Is.”
SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE SITE ARE PROVIDED AS IS AND AS AVAILABLE. UNIVERSITY MEDICAL PARTNERS INC. MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, UNIVERSITY MEDICAL PARTNERS INC. DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNIVERSITY MEDICAL PARTNERS INC. MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SITE.
You Alone are Responsible for Your Use of the Site.
You agree to be solely responsible for your use of this Web site.
UNIVERSITY MEDICAL PARTNERS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF THE SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNIVERSITY MEDICAL PARTNERS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE.
THESE LIMITATIONS SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.
You agree to indemnify and hold University Medical Partners Inc. harmless for any claims, losses or damages, including attorneys fees, resulting from your breach of these terms or use of this Web site.
University Medical Partners Inc. is Not Responsible for Any Links To or From Other Sites.
This Web site may contain links to other Web sites, and other Web sites may provide links to this Site. These links are provided for your convenience only. University Medical Partners Inc. does not control these other sites and assumes no liability or responsibility for them, including any content or services provided to you by such sites. You should not consider any link to or from another site as an endorsement of that site by University Medical Partners Inc. unless University Medical Partners Inc. expressly states so.
You Agree that University Medical Partners Inc. May Share Certain Information About You.
You agree that, should you elect to supply it, University Medical Partners Inc. may use your name, e-mail address, physical address, or other data to communicate with you. You may request to have this information modified or deleted from our records. University Medical Partners Inc. Site may use this information as necessary to enforce these Terms. University Medical Partners Inc. will not sell this information to any other party.
This Agreement is Governed by California Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as such laws would apply to a contract fully negotiated, entered into, and performed in that state.
You Agree to Arbitrate Any Dispute Between Us.
You agree that any dispute, controversy or claim arising out of or related to these Terms or your use of the Site will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Santa Clara, California, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any Action Against University Medical Partners Inc. Must be Brought in California.
You agree that the state or federal courts located in or serving Santa Clara County, California, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to these Terms or your use of the Site. You waive any claim that a court located in or serving Santa Clara County, California, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.
Other Miscellaneous Provisions.
These Terms constitute the entire and only understanding between you and University Medical Partners Inc. regarding your use of this Web site. No modification or attempted modification of these Terms by you shall be binding on University Medical Partners Inc. unless made in writing and physically signed by an authorized representative of University Medical Partners Inc. University Medical Partners Inc. may modify these Terms at any time.
These Terms are severable to the extent any term is deemed invalid, illegal or unenforceable.
University Medical Partners Inc.’s failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision of these Terms.
Your use and continued use of the University Medical Partners Inc.’s Site reflects your agreement to these Terms and any modifications of these Terms made by the University Medical Partners Inc.