Website Terms & Conditions of Use

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Welcome to the website (“Website”) for the Eisenmann Clinic (“the Clinic” or “we” or “us”). By using this Website, you agree to be bound by these Terms and Conditions of Use (“Terms”) and our Website Privacy Policy [BP1] (“Privacy Policy”).

 

You may only use the Online Properties if you can form a binding contract with us, and only if you comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

 

We may alter these Terms without notice, and your continued use of the Online Properties signifies that you agree to be bound by any future changes. You are encouraged to review these Terms at regular intervals to monitor for updates. If you do not agree, you should not use our Online Properties.

 

Please read these Terms & Conditions carefully.

 

1. Your access to this Website is governed by these Terms.

These Terms govern your access to and use of this Website and any content provided to you on, from, or through our Website, a social networking or media site or via email (collectively the “Online Properties”). This content is collectively encompassed by references to the Website throughout these Terms.

 

2.  Our information collection, use, and disclosure.

Our Online Properties offer publicly available educational and informational resources. By using our Online Properties, you agree to allow us, to collect, and use your information under the terms provided in the Privacy Policy.

 

3. Use of our Online Properties does not constitute the formation of a provider-patient relationship and does not provide medical advice.

The Online Properties content is provided only for informational and educational purposes.  “Content” means any and all text, images, videos, blogs, information, logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Online Properties.

 

Our creation and maintenance of the Online Properties do not constitute the practice of medicine. The Online Properties are offered only for educational purposes, based upon our proficiency in, knowledge of, and experience with the topics provided. The Content does not constitute medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you have concerns about any medical condition, diagnosis, or treatment, please make an appointment directly with a healthcare provider.

 

In an emergency, call 911.

 

The Online Properties should not be utilized as a replacement for current or future medical advice, diagnosis, or treatment.

 

You acknowledge that visiting or viewing any of our Online Properties does not create a provider-patient relationship between you and the Clinic and does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment.

 

4. Do not share protected health information via Online Properties.

We take the privacy and confidentiality of our visitors seriously. Please read our Privacy Policy.

Because we do not store or transmit protected health information (“PHI”) through the Online Properties, our activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).

 

Do not use any Online Properties to provide, transmit, store, or disclose any health information that constitutes PHI. We have no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using the Online Properties.

 

 If you violate these Terms and share PHI through the Online Properties anyway, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the Online Properties.

 

Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through the Online Properties, you agree to indemnify the Clinic and its employees, officers, directors and owners (collectively “the Clinic Parties”) from and against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) which arise from your use, provision, transmission, storage, or disclosure of PHI.

 

5. Your permitted uses of our Content.

We and our licensors own the entirety of the Content on our Online Properties. The Content is protected by United States, state, and worldwide copyright laws and treaty provisions.

 

The Clinic hereby grants you a limited, personal, nonexclusive, and nontransferable license to use and display the Content so long as you comply with these Terms, and you do not modify, delete, or change any copyright, trademark, or other proprietary notice. Your conduct as it relates to our Content is subject to our Terms and our Privacy Policy.

 

Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Content, including any trademarks, names, or logos, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.  We reserve all rights not expressly granted.

 

6. Rules governing your conduct while viewing our Online Properties.

We have the right, but not the obligation, to monitor all conduct on the Online Properties. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. You will not use the Online Properties or Content: for any unlawful purpose; to solicit others to perform or participate in unlawful acts; for any obscene purpose; to violate any regulations, rules, law, or ordinances; to submit false or misleading information; to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of the Online Properties; or to collect or track the personal information of others. We reserve the right to terminate your use of the Website for engaging in such conduct.

 

7. Use of our Online Properties is only intended for users 18 years of age or older.[BP2] [CP3] 

The Online Properties are intended solely for adults 18 years of age or older. They are not intended or designed to attract visitors who are under the age of eighteen. If we determine that a visitor is under the age of eighteen, we do not collect personally identifiable information about them. If we inadvertently or accidentally encounter personally identifiable information about a child under the age of eighteen, we will not knowingly disclose that information to any third party.

 

8.  Disclaimer of liability and statement of no warranty.

The Online Properties and all Content are provided on an “AS IS” basis. WE MAKE NO REPRESENTATIONS, and NO EXPRESS OR IMPLIED WARRANTIES, WITH RESPECT TO THE CONTENT, or OTHERWISE REGARDING THE ONLINE PROPERTIES OR ANY WEBSITE OR OTHER ONLINE PROPERTY LINKED THROUGH OUR ONLINE PROPERTIES.

 

TO THE FULLEST EXTENT PERMITTED by LAW, WE DISCLAIM ALL express or implied WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE ONLINE PROPERTIES OR THE CONTENT.

 

By viewing the Online Properties and Content you demonstrate that you assume the risk of accessing and using the information provided. We reserve the right to correct any errors or inaccuracies at any time without prior notice. We are not responsible for any errors or omissions in the information provided.

 

We are not responsible to you or others for any loss or damage that results from your use (or non-use) of the Online Properties or any linked third party’s online properties. These potential losses or damages include, but are not limited to: direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying the Online Properties.

 

We are not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against the Clinic is to stop using the Online Properties. Without limiting the preceding paragraphs, you expressly release the Clinic Parties from any responsibility and/or liability relating to your use of the Online Properties, linked websites, or information contained in the Online Properties or linked websites.

 

9. Information that you provide via the Online Properties.

You are responsible for the information that you send, submit, or provide through the Online Properties. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement.

 

Any personal information you provide to us via the Online Properties is governed by our Privacy Policy.  

 

10. Your agreement to indemnify.

You agree to indemnify all Clinic Parties against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third party’s claims that relate to your use of the Online Properties and the Content.

 

13. Our operation of this Website.

We make all reasonable efforts to keep this Website operational and available. These efforts are subject to scheduled maintenance, unscheduled maintenance, and systems outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; any defects will be corrected; or that our Website’s servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property as might be necessitated by your use.

 

14. General Terms.

Any adversarial proceedings which arise out of these Terms will be governed by the laws of the State of Oregon without giving effect to its principles of conflicts of law.  The exclusive venue for any claim under these Terms must be brought in Oregon. 

 

If any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Terms will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

 

Any waiver of these Terms or our Privacy Policy is valid only if it is in writing and signed by a principal of the Clinic. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

 

These Terms and our Privacy Policy constitute the entire agreement between you and the Clinic relating to the Online Properties and the Content.

 

We may amend or update the Online Properties, these Terms, or our Privacy Policy at any time without prior notice. If you use the Online Properties after any changes, you demonstrate your agreement to be bound by the changes.

 

Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255 Sections 255.0 through 255.5, we reserve the right to provide links on this Website that may be affiliated links. This means that we may be paid if you purchase products or services through affiliates’ links.

 

By your continued use of the Online Properties, you understand and acknowledge that you have read the Terms, and you agree to be bound to them.