USAGE AGREEMENTPLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING THIS AGREEMENT TO USE THIS SITE. BY USING THIS SITE AND ITS CONTENTS, YOU INDICATE YOUR ACCEPTANCE OF THE ENTIRE AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE LEAVE THIS SITE.
This User Agreement is a legal agreement between you, as a "Subscriber / User", and Florida Obesity Surgical Associates or FOSA ("Company", "we" or "us"). Company makes certain products and services available on this web site (the "Site") to Subscribers and users who agree to comply with the following terms and conditions.
AGREEMENTS: In consideration of the above recitals and the mutual promises set out in this Agreement, Company and Subscriber agree as follows:
1. USE OF SITE INFORMATION AND DOCUMENTS. Except as otherwise indicated elsewhere on this Site, you may view, print, copy and distribute reports, files and similar documents made available on this Site, for your own personal, non-commercial purposes. The documents and information permitted to be copied do not include the layout or design of this Site.
2. MEDICAL ADVICE. Although this website provides tools and information for its users, in no way is Company providing medical advice to these members. Users should always seek medical advice from a certified health professional.
3. PRIVACY. We take the issue of your privacy seriously. We do not sell or share your personally identifiable protected health information with anyone. We also will comply with our obligations to keep your personal health information private as required by the Health Insurance Portability and Accountability Act (1996) ("HIPAA"). For more information, please read our Privacy Policy at the end of this Agreement. You may at any time request that your personal information be removed from our records. If in the case that we receive your request in writing, we will remove your information within 30 days.
4. INDEMNIFICATION. You agree to indemnify and hold Company and FOSA harmless from and against any and all actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including attorneys' fees) that Company or FOSA may incur or suffer in connection with any breach by you of your obligations, warranties or representations in this Agreement. You, Company, and FOSA each agree to reasonably cooperate with each other with respect to any such legal action.
5. LIMITATION OF WARRANTIES AND DISCLAIMERS. THE SITE AND SOFTWARE IS PROVIDED "AS IS", AND COMPANY AND FOSA MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Company and FOSA do not warrant that the Software is entirely error-free. In particular, Company and FOSA do not have any obligation to review or analyze the data entered by you on this Site.
COMPANY'S AND FOSA'S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THIS SITE SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE FEES YOU HAVE PAID. IN NO EVENT SHALL COMPANY OR FOSA BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THIS SITE, REGARDLESS OF WHETHER SUCH PARTY HAS NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE. The above limitations may be superseded by law in some jurisdictions.
6. LINKS TO THIRD PARTY SITES. Links to third-party web sites contained in this Site are provided only as a convenience to users. Third-party web sites are independent of Company and this Site, and Company does not control or monitor the content and/or use of third-party sites. The inclusion of links to third-party web sites does not imply any endorsement of those sites or their contents. If you decide to access or use any third party web sites linked to this Site, you do this entirely at your own risk.
7. TRADEMARKS. The company and product names and logos displayed on this Site are registered trademarks or trademarks of Company or FOSA. However, if the names or products of any third party companies are referenced on this Site, they are the property of their respective owners and may also be trademarks. A trademark may be used publicly only with permission from its owner.
8. FEEDBACK. We are pleased to hear from our subscribers and welcome any comments regarding our products and services. Any feedback concerning the Site or its contents, including requests or suggestions for improvements, shall be the sole property of Company or, if it relates to the Software, FOSA, which may use them free of charge as they see fit. You hereby assign all right, title and interest in such ideas, requests and suggestions to Company and FOSA, as applicable, and agree to sign any additional documents reasonably requested in order to complete or evidence such ownership.
9. ASSIGNMENT. This Agreement may not be assigned by you without Company's prior written consent.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. All Software on this Site utilized by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
11. APPLICABLE LAWS. Company controls this Site from its offices in the United States of America. Company makes no representation that the Software, documents, graphics and other information in this Site ("Materials") are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. If any term of this Agreement is found void or unenforceable, all other terms shall remain in full force and effect. Any rights not expressly granted herein are reserved by Company. This Agreement shall be governed by the internal laws of Utah. The terms of this Agreement may be modified by Company from time to time upon notice to subscribers.
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