ACCEPTANCE OF TERMS
Welcome to the Center for Advanced Spinal Surgery of Southern Arizona (“CASSSA”). For the purpose of this disclaimer the term “Site” shall be used to refer to the following domains:
These Terms and Conditions of Use, as updated by CASSSA from time to time, are referred to as the “Terms and Conditions” and govern your use of the Site. You should carefully read the Terms and Conditions before using our Site. By using our Site you agree to be bound by the Terms and Conditions and are indicating that you have the legal authority to accept the Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you should not use the Site.
DISCLAIMER ON EMERGENCY MEDICAL CONDITIONS.
DO NOT USE THIS SITE FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR PERSONAL PHYSICIAN AND/OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
The Site contains certain content and information, including text and images (“Content”). The Content available through the Site is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. CASSSA does not give medical advice, nor does it provide medical or diagnostic services through the Site. Your reliance upon Content obtained by you at or through the Site is solely at your own risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all content. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the Site.
USE OF SITE
To use the Site you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the services you obtain. You will also need equipment and a modem or another access device. CASSSA currently uses SSL technology on some Site pages to help protect information that passes over the Internet. You must have certain browser capability to take advantage of this encryption technology.
If you contact CASSSA with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site or the Content (collectively, “Information”), the Information shall be deemed to be non-confidential and CASSSA shall have no obligation of any kind with respect to the Information. In addition, you agree and acknowledge that CASSSA shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Information to others without limitation, and to authorize others to do the same. Further, CASSSA shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever. CASSSA shall not be liable or owe any compensation for the use or disclosure of the Information.
USE BY CHILDREN
DISCLAIMER OF WARRANTIES
THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CASSSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING ANY MEDICAL INFORMATION, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CASSSA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CASSSA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF CASSSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, (iii) YOUR RELIANCE ON THE SITE; (iv) THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, OR (v) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE.
You agree to use the Site solely to accommodate your own needs and not to offer the Site to any third party. You may not use or exploit any portion of the Site to provide any commercial services to third parties.
Copyright – The Content of the Site is owned by CASSSA and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials may be used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of CASSSA, except that, subject to your compliance with the Terms and Conditions, CASSSA authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of CASSSA, or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of CASSSA, or third parties.
The Site may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by CASSSA with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and CASSSA is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. CASSSA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.
You agree to hold harmless and indemnify CASSSA and its affiliates, and each of its officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, your use of the Site including, without limitation (a) any unlawful use of the Site, and (b) any use of the Site that violates the Terms and Conditions.
JURISDICTION AND VENUE
The Site is intended for use by U.S. residents only and is not intended for use by non-residents of the United States. You and CASSSA agree that this Agreement and the relationship between you and CASSSA will be governed by the laws of the State of Arizona, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and CASSSA will rest exclusively in the courts of Pima County, Arizona and the United States District Court for the state of Arizona.
CASSSA may change the Terms and Conditions from time-to-time. If such a change is made, CASSSA will post the revised Terms and Conditions on the Site. CASSSA reserves the right to add to or change the Site or to cease offering the Site at any time. CASSSA may add to, change, delete or terminate your use of the Site at any time for any reason without notice to you. CASSSA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You may contact us as follows:
Mail: Center for Advanced Spinal Surgery
4787 Camp Lowell Drive
Tucson, AZ 85712
The Terms and Conditions constitute the entire agreement between you and CASSSA relating to the Site. There is no agency, partnership, joint venture, employee-employer or physician-patient relationship between you and CASSSA arising through the use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of CASSSA to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.