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Terms of Use and Conditions
Information provided on this site is for
informational purposes only and is not meant to substitute for the advice of
your physician.
Please read these terms of service and conditions of use carefully before using
this website. By using this website, you signify your consent to these terms of
use in addition to any other law or regulation that applies to the website, the
Internet, and/or the World Wide Web If you do not agree to these terms of
service and conditions of use please do not use the website. We reserve the
right, at our discretion, to change, modify, add, or remove portions of these
terms at any time. Please check these terms periodically for changes. Your
continued use of the Park Hill Family Practice, website following the posting
of changes to these terms (including the Park Hill Family Practice Privacy
Policy and house rules will mean you accept those changes. IF YOU DO
NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE
IMMEDIATELY LEAVE THIS WEBSITE.
Copyright and Ownership
1. Copyright © 2015
2. This website is
owned and operated by Park Hill Family Practice and its affiliates. All of the
content featured or displayed on this website, including, but not limited to,
text, graphics, photographs, images, moving images, sound, illustrations and
software ("Content"), is owned by Park Hill Family Practice, its
licensors and/or its content providers. All elements of Park Hill Family
Practice websites, including, but not limited to, the general design and the
Content, are protected by trade dress, copyright, moral rights, trademark and
other laws relating to intellectual property rights. This website, its Content
and all related rights shall remain the exclusive property of Park Hill Family
Practice or its licensors unless otherwise expressly agreed.
Restrictions on Use of Materials
Except as may be otherwise indicated in specific documents
within the website, you are authorized to view, play, print, forward, and
download documents, audio and video found on our website for personal,
informational, and noncommercial purposes only. Except as permitted above, you
may not modify any of the materials and you may not copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer or sell any information or work contained on this website. Except as
authorized under the copyright laws, you are responsible for obtaining
permission before reusing any copyrighted material that is available on the
website. For purposes of these terms, the use of any such material on any other
website or networked computer environment is prohibited. You will not remove
any copyright, trademark or other proprietary notices from material found on
this website.
Corporate Identification, Site Content &
Trademarks
All trademarks, service marks and trade names of Park Hill
Family Practice used herein (including but not limited to: the Park Hill Family
Practice name, the Park Hill Family Practice corporate logo, the Park Hill
Family Practice Design, and the logo) are trademarks or registered trademarks
of Park Hill Family Practice or its affiliates. You may not use, copy,
reproduce, republish, upload, post, transmit, distribute, or modify Park Hill
Family Practice trademarks in any way, including in advertising or publicity
pertaining to distribution of materials on this website, without Park Hill
Family Practice's prior written consent. The use of Park Hill Family Practice
trademarks on any other website or network computer environment is not allowed.
You may not use the Park Hill Family Practice trademarks as a "hot"
link on or to any other website unless establishment of such a link is approved
in advance.
Links to Third Parties
This website may or may not contain hyperlinks to other
websites controlled by third parties. These links are provided solely as a
convenience to you and do not imply endorsement by Park Hill Family Practice
of, or any affiliation with, or endorsement by, the owner of the linked site. Park
Hill Family Practice is not responsible for the contents or use of any linked
site, or any consequence of making the link.
Fees
For all charges for any products and services sold on the
website, Park Hill Family Practice will bill your credit card. In the event
legal action is necessary to collect on balances due, you agree to reimburse Park
Hill Family Practice for all expenses incurred to recover sums due, including
attorney(s)’ fees and other legal expenses. You are responsible for purchase
of, and payment of charges for, all Internet access services and
telecommunications services needed for use of this website.
Risk of Loss
All items purchased from Park Hill Family Practice are made pursuant to a
shipment contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
Product Descriptions
Park Hill Family Practice and its affiliates attempt to
describe its products as accurately as possible. Park Hill Family Practice does
not, however, warrant that product descriptions are accurate, complete,
reliable, current, or error-free. If a product offered by Park Hill Family
Practice is not as described, your sole remedy is to return it in unused
condition.
Returns
Within 30 days of receipt of your shipment, you may return
your purchase to Park Hill Family Practice for any reason, for a full refund
(we'll also refund the shipping cost if the return is a result of our error).
We cannot exchange items unless they are defective or damaged. Items that are
returned more than 30 days after delivery, are in unsellable condition, or are
missing parts will be charged a restocking fee at our discretion. We cannot
accept items returned after 60 days.
Forums and Public Communication
"Forum" means a chat area, bulletin board, or e-mail
function offered as part of the Park Hill Family Practice online presence. You
shall not upload to, distribute through, or otherwise publish through an Park
Hill Family Practice website any content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable that would constitute or encourage
a criminal offense, violate the rights of any party, or that would otherwise
give rise to liability or violate any law. The forums shall be used only in a
non-commercial manner. You must follow the house rules whenever you are using
any Park Hill Family Practice website.
By uploading materials to any forum or submitting any
materials to us, you automatically grant (or warrant that the owner of such
materials has expressly granted) us a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from and distribute such materials or incorporate
such materials into any form, medium, or technology now known or later
developed throughout the universe.
Termination
These terms are effective until terminated by either party.
You may terminate these terms at any time by destroying all materials obtained
from any and all Park Hill Family Practice website(s) and all related
documentation and all copies and installations thereof, whether made under the
terms of these terms or otherwise. These terms will terminate immediately
without notice from Park Hill Family Practice if in Park Hill Family Practice’s
sole discretion you fail to comply with any term or provision of these terms.
Upon termination, you must destroy all materials obtained from this site and
any and all other Park Hill Family Practice site(s) and all copies thereof,
whether made under the terms of these terms or otherwise.
Disclaimer
Your use of and browsing of this website are at your own
risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PARK
HILL FAMILY PRACTICE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE
INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY
AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION
CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. PARK HILL FAMILY PRACTICE DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. PARK HILL FAMILY PRACTICE DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU (AND NOT PARK HILL FAMILY PRACTICE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold Park Hill Family
Practice and any affiliated company or individual harmless from any and all
liabilities, costs, and expenses, including reasonable attorneys' fees, related
to any violation of these terms by you or your authorized users, or in
connection with the use of the website or the Internet or the placement or
transmission of any message or information on this website by you or your
authorized users. Members of any membership area on any Company website are
entirely responsible for maintaining the confidentiality of their password and
account. Members are entirely responsible for any and all activities that occur
under their account and agree to indemnify, defend, and hold harmless the
providers for any liability or expense arising from such use or misuse. Members
agree to immediately notify the providers of any unauthorized use of their
account or any other breach of security known to them.
Limitation of Liability
IN NO EVENT SHALL PARK HILL FAMILY PRACTICE BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING
OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER
IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER
CLAIM WHATSOEVER, EVEN IF PARK HILL FAMILY PRACTICE OR A PARK HILL FAMILY
PRACTICE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL PARK HILL FAMILY PRACTICE'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 THIS SITE.
No Endorsement
You shall not use Park Hill Family Practice's name or any
language, pictures or symbols which could, in Park Hill Family Practice's
judgment, imply Park Hill Family Practice's endorsement in any (i) written or
oral advertising or presentation, or (ii) brochure, newsletter, book, or other
written material of whatever nature, without prior written consent.
Force Majeure
Neither Park Hill Family Practice nor you shall be
responsible for damages or for delays or failures in performance resulting from
acts or occurrences beyond their reasonable control, including, without
limitation: fire, lightning, explosion, power surge or failure, water, acts of
God, war, revolution, civil commotion or acts of civil or military authorities
or public enemies: any law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any such government or legal
body; or labor unrest, including without limitation, strikes, slowdowns,
picketing, or boycotts; inability to secure raw materials, transportation
facilities, fuel or energy shortages, or acts or omissions of other common
carriers.
Governing Law
This Website is created and controlled by Park Hill Family
Practice in the State of Nevada.
These disclaimers, terms, and conditions of use are governed by the laws of the
State of Nevada. By using this
website, you hereby consent to the exclusive jurisdiction and venue of courts
in Clark County, Nevada
in all disputes arising out of or relating to the use of this Website. If any
portion of these terms is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law to the greatest extent
possible to reflect the original intentions of the parties, and the remainder
of the provisions shall remain in full force and effect. Park Hill Family
Practice's failure to insist upon or enforce strict performance of any
provision of these terms shall not be construed as a waiver of any provision or
right.
Additional Terms
Additional terms and conditions may apply to the purchase of
product and other uses of this website. By using this website, you agree to
such terms and conditions.
Entire Agreement
These terms and conditions are the entire agreement between
the user and Park Hill Family Practice and supersedes any prior understandings
or agreements (written or oral).
Copyright
All text, images, animation, videos, music, sounds, website
design, graphics, text selections, arrangements, and all software are © copyright of Park Hill Family Practice, All Rights Reserved.
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