Notice – Terms Of Use
Legal Notices:
The Carolina Bone & Joint, P.A. (“CBJ”) website (“Website”) is intended to provide general educational information and to help users learn more about our services.
By choosing to use the CBJ Website, you acknowledge and agree to be bound by all the terms and conditions of these Terms of Use and Privacy Policy [link to separate privacy policy page], which is incorporated herein. We encourage you to read them. We reserve the right to modify these terms and policies and recommend that you periodically review them, because if you use the site you will be expected to comply with them. Your continued access or use of the practice Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified terms contained in these Terms of Use and Privacy Policy.
Advice – No Doctor/Patient Relationship:
This Website is not an attempt to practice medicine or provide specific medical advice and should not be used to make a diagnosis or to replace or overrule a qualified health care provider’s judgment. Nor should users rely upon the CBJ Website if they might need emergency medical treatment. Use of this Website, including but not limited to submission of any request for information or submission of a written request for a second opinion, does not, in and of itself, create a doctor-patient relationship between you, the user, and CBJ or any of its physicians. Always seek the advice of your own physician (healthcare provider) concerning your medical condition. Do not start, stop or modify any medical treatment or medication because of something you have or have not read on this Website.
User Representations:
You hereby represent and warrant to CBJ that: (a) you are over the age of eighteen (18) or otherwise have the power and authority to enter into and perform your obligations contained in these Terms of Use and the Privacy Policy; (b) all information provided by you to CBJ or its third party service providers is truthful, accurate and complete, that you will maintain the truthfulness, accuracy and completeness of any such information, and that you are authorized to provide such information; (c) you will comply with the terms and conditions of these Terms of Use and/or any other instructions displayed on the Website in conjunction with any specific functionality; (d) your access to and use of the Website will not constitute a breach or violation of any other agreement, contract, terms of use and/or other information displayed on the Website in conjunction with specific functionality, or any law or regulation, to which you are subject; and (e) you will not use the Website, any Content (as defined herein), or any other information displayed thereon for any of the prohibited uses set forth below or for any other improper or unlawful purpose.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE WEBSITE AND ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. CBJ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, CBJ MAKES NO WARRANTY THAT THE WEBSITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE WILL BE COMPLETE, TIMELY ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE WEBSITE, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS USED AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEBSITE OR ANY CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CBJ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CBJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY CONTENT, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, DATA OR INFORMATION OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL CBJ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CBJ cannot and does not guarantee or warrant that files available for downloading from this site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. The practice does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from this site.
Links to Third Party Websites:
CBJ’s Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Disclosure of information:
Every effort is made to protect the health information you provide online. For the link for payment, we work with a secure third party service for payment processing. As such, data may be shared through the link to a third party to process your payments. All credit cards and other payment information you enter will be protected by the latest encryption software, provided your browser and computer are correctly configured and operating. The encrypted information is shared only with the third party payment processing service.
Indemnification:
You agree to indemnify and hold CBJ and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CBJ arising out of any breach by you of these Terms of Use or other liabilities arising out of your use of this Website.
Restriction of Use:
If you do not comply with the Terms of Use at any time, CBJ reserves the right to limit your access to the Website or restrict your right to use the features of the Website. CBJ may discontinue or alter any aspect of the Website at CBJ’s sole discretion and without prior notice or liability, including, but not limited to, (a) restricting the time the Website is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user’s right to use or access the Website or any functionality.
Copyright Protection:
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to CBJ or otherwise used by CBJ as permitted by law. In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
You acknowledge that the Website may contain information, software, photos, video, text, graphics, music, sounds or other materials and content provided by CBJ or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Governing Law/Severability
The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of North Carolina, USA, without regard to its conflicts or choice of laws principles.
If any provision of these Terms of Use is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce these Terms of Use.