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Terms of Use

Effective Date: 10/25/2010

IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. IF YOU HAVE A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION. THIS WEBSITE DOES NOT CONSTITUTE MEDICAL ADVICE. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THIS WEBSITE OR ADVICE OBTAINED THROUGH THIS WEBSITE.

These Terms of Use are a legal contract between you and Pima Lung & Sleep, PC (“PLS,” “we,” “our,” or “us”) for the use of this website, (the “Site”). Your access to and use of this Site is subject to the Terms of Use. Please read these Terms of Use carefully before accessing or using this Site, so that you fully understand your rights and responsibilities.

BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE SITE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE SITE TERMS OF USE, DO NOT USE THIS SITE.

SECTIONS:
Site Content
Not Medical Advice
Changes in Site Terms of Use
Privacy Policy
Intellectual Property
Prohibited Uses
Linking and Blocking Access
Disclaimer of Warranties
Limitation of Liability
Indemnity
Licensed Content
Entire Agreement
Applicable Law

Site Content

The term “Content” refers to any text, graphics, logos, button icons, images, audio or video content, digital or printable downloads, compilations of the foregoing, or other materials that may appear on or may be produced by the Site.

You are authorized to access, use and copy Content available through the Site for purposes of evaluating and using the information and services offered by the Site for your own personal, non-commercial use and information. Those who access this Site from other states or countries are solely responsible for compliance with the laws of such state or country.

The information and materials, including pages and Content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products, unless expressly indicated. Violation of this policy may result in infringement of intellectual property and contractual rights of PLS or third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

Not Medical Advice

This Site does not contain information about all medical conditions and may not contain information applicable to your medical condition. Use of this Site does not create a doctor-patient relationship. All Content on this Site, and all programs and services offered, are for information purposes only and should not be used during a medical emergency or for the diagnosis and treatment of any medical condition. Please contact your doctor or other qualified healthcare provider if you have any questions about a medical condition.

IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ ON THE SITE.

Changes in Site Terms of Use

We reserve the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting to the Site. Material changes will be posted conspicuously on this Site for a period of time.

CONTINUED USE OF THE SITE AFTER THE EFFECTIVE DATE OF THESE TERMS AND CONDITIONS WILL INDICATE YOUR AGREEMENT TO ANY MODIFIED TERMS.

Privacy Policy

Please read our Privacy Policy for a description of how we handle your information.

Intellectual Property

Copyright © 2010 – 2011 Pima Lung & Sleep, PC. All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Site are copyrighted by PLS, unless otherwise noted. The distinctive and original layout and presentation of the Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to PLS appear throughout the Site and may not be used without express prior written consent.

The Site may also contain references to third-party marks, logos, graphics, and copyrighted materials, which are the property of their respective owners. PLS is certified by each of the American Academy of Sleep Medicine and the Intersocietal Commission for the Accreditation of Echocardiography Laboratories and PLS is licensed to use their respective trademarks on this Site. PLS has no other affiliation, connection, or association with any other third party referenced on this Site, nor does any other third party sponsor, approve, or endorse PLS or PLS’ goods, services, or commercial activities. Furthermore, PLS does not sponsor, approve, or endorsement the goods, services, or commercial activities of any third party.

Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to PLS or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Prohibited Uses

When using the Site, you will not:

  1. take any action that imposes an unreasonable load on the Site’s infrastructure;
  2. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
  3. attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Site;
  4. frame or deep link to any of the materials or information available from the Site;
  5. access, retrieve or index the Site for purposes of constructing or populating a searchable database of service provider reviews;
  6. except for a normal browser, use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search now known or later existing;
  7. aggregate, copy, publish, broadcast, modify, distribute, transmit, or duplicate any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site; or
  8. use the Site in violation of these Site Terms of Use or Privacy Policy or any applicable law.

Linking and Blocking Access

If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL http://www.pimalung.com and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with PLS’ names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than PLS is associated with or sponsored by PLS; (6) the link, when activated by a user, must display this Site full-screen and not with a “frame” on the linked website; and (7) PLS reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

PLS reserves the right, however, to block access from any page that PLS believes, in its sole discretion, adversely affects the goodwill of PLS or is otherwise inappropriate. PLS also reserves its legal rights and remedies against third parties for any cause of action predicated on linking to this Site.

Disclaimer of Warranties

The Site and all information and related materials it contains are provided “AS IS” and “WITH ALL FAULTS.” By using this Site, you assume the risk that the information and materials on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE INFORMATION AND MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, PLS DOES NOT WARRANT THAT THE SITE OR YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PLS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

PLS EXPRESSLY DISCLAIMS LIABILITY FOR HARDWARE OR SOFTWARE FAILURES, INCOMPLETE TRANSMISSIONS, OR UNAUTHORIZED ACCESS BY THIRD PARTIES.

No advice or information from PLS in any manner will create any warranty as to this Site or any product, service or material available through this Site. If for any reason you are not satisfied with this Site or its content, your sole remedy is to cease using this Site or such Content, even if such remedy should fail of its essential purpose.

This Site may be unavailable from time to time due to mechanical, telecommunication, software, and third party vendor failures. PLS cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, PLS cannot have any liability for such failures.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

PLS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO THE SITE OR YOUR USE OF THE SITE, EVEN IF PLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE BASIS OF THE CLAIM WHETHER ARISES IN CONTRACT, TORT, REGULAR OR STRICT LIABILITY. FURTHERMORE, IN NO EVENT WILL PLS’ LIABILITY TO YOU ARISING FROM OR OTHERWISE RELATED TO THE SITE OR YOUR USE OF THE SITE WILL NOT EXCEED $100.00 U.S., EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. PLS IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE.

Any claims arising in connection with your use of the Site must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PLS (AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS), AND TO REIMBURSE ALL COSTS, LIABILITIES, DAMAGES, LOSSES, LIABILITIES, INTEREST, AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) WE INCUR, ARISING FROM OR RELATED TO ANY CLAIMS, ALLEGATIONS, SUITS OR DEMANDS AS A RESULT OF YOUR USE OR MISUSE OF THE SITE, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF PLS OR ANY OTHER PERSON OR ENTITY, OR ANY VIOLATION OF THESE SITE TERMS OF USE OR PRIVACY POLICY.

Licensed Content

We may license content from third parties. Our licensors may be third party beneficiaries to these Site Terms of Use pursuant to our agreement with them. To the extent our licensors are third party beneficiaries to these Site Terms of Use, the rights and protections provided to us hereunder inure to their benefit. Nothing in these Terms of Use creates an agency, partnership, or joint venture between you and PLS or its licensor.

Entire Agreement

By your access or use of this Site, you hereby agree to these Terms of Use. These Terms of Use, together with the PLS Privacy Policy constitute the entire agreement between you and PLS with respect to your access and use of this Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by PLS. These Terms of Use will inure to the benefit of PLS’ successors and assigns.

Applicable Law

By using the Site, you agree that these Site Terms of Use are governed by and construed and enforced in accordance with the laws of the State of Arizona, excluding its laws relating to conflicts of laws. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THESE SITE TERMS OF USE IS PIMA COUNTY, ARIZONA. YOU AND WE CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.

If a court or arbitrator deems any provision of this Site Terms of Use unenforceable or invalid, such provision will be severed from this Agreement and the other provisions will remain in full force and effect.

Nothing in these Terms of Use limits either party’s ability to seek equitable relief.

– Last updated 10/22/10