Terms of Use

TERMS OF USE

Terms of Use Applicable to the Brain and Spine Surgeons of Orange County Web Site
This site (the “Service”) is an online information and communications service provided by the Brain and Spine Surgeons of Orange County (“Provider”) subject to your agreement with all of the terms and conditions offered below. Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by all of the terms and conditions below, which are intended to be fully effective and binding upon the Provider and users. The Provider may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications, and your accessing or using the Service constitutes your acceptance of the Agreement as it appears at the time of your access or use. YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THIS SERVICE IS NOT INTENDED NOR IMPLIED TO BE, AND YOU WILL NOT USE IT AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR WILL BE USED BY YOU FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU UNDERSTAND THAT YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING TREATMENT BASED ON THE INFORMATION CONTAINED IN THE SERVICE.
You understand and agree that, except for information, products or services clearly identified as being supplied by the Provider, the Provider does not operate, control or endorse any information, products or services on the Internet, including on the Service, in any way. You also understand that the Provider cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Each user is responsible for implementing sufficient procedures and checkpoints to satisfy his or her particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data. The Provider does not assume any responsibility or risk for your use of the Service.

YOU UNDERSTAND AND AGREE THAT THE SERVICE AND ANY CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. THE PROVIDER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, THE PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE.
The Service is presented by the Provider for the sole purpose of disseminating health information for public benefit. IT IS NOT INTENDED TO BE, AND YOU UNDERSTAND AND AGREE THAT IT DOES NOT CONSTITUTE, THE PROVISION OR PRACTICE OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION. THE SERVICE IS NOT TARGETED TO USERS IN ANY PARTICULAR LOCALITY, NOR IS IT INTENDED TO CONSTITUTE, AND YOU AGREE THAT IT DOES NOT CONSTITUTE, THE DOING OF BUSINESS IN ANY JURISDICTION. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED BY THE BRAIN AND SPINE SURGEONS OF ORANGE COUNTY AND THAT THE SERVICE IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE A SOLICITATION OF BUSINESS ANYWHERE ON BEHALF OF THE BRAIN AND SPINE SURGEONS OF ORANGE COUNTY OR ANY OF ITS AFFILIATED CORPORATIONS, NOR TO CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OUTSIDE OF THE STATE OF CALIFORNIA.

Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions and warranty disclaimer), or which makes accessing the Service illegal, are unauthorized to use the Service, and do so entirely at their own risk.
YOU UNDERSTAND AND AGREE THAT USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK, AND THAT IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

You agree to defend, indemnify and hold provider, their officers, directors, employees and agents harmless from and against any claims, actions, demands, liabilities, judgments and settlements, including, without limitation, reasonable legal fees resulting from, or alleged to result from, your use of the Service or any content or information contained on the Service.

This Agreement is entered into and performed in the State of California, United States of America, and is governed by and shall be construed in all respects under the laws of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Service, each party irrevocably submits to the exclusive personal jurisdiction of the California State District Court, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the District of California, and whichever of those two courts has jurisdiction, each party waives any jurisdictional, venue, or inconvenient forum objections to such court.

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement. All trademarks appearing on the Service are the property of their respective owners.
The entire contents and design of the Service are protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, frame or link any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single CPU for personal, noncommercial use only, so long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable notices and disclaimers (including copyright notices); and (3) you do not use the materials in a way that suggests an association with provider. You understand and agree that title to these materials shall not pass to you or any other user.