| User agreement & Disclaimer |
| 1.
Binding Agreement. Please review the following Premiersurgeons Web Site Use
Agreement ("Agreement") in its entirety before using the Premiersurgeons Web
Site. This Agreement between Premiersurgeons ("We", "Us" or
"Our") and you as a user of the Premiersurgeons Web Site ("You" or
"Your") governs your use of the Premiersurgeons Web Site, including, without
limitation, all content such as text, information, images, applications and audio
(collectively, "Content") and all services ("Services") made available
to you through the Premiersurgeons Web Site (this Site and the Content and Services are
collectively referred to herein as the "Site") by us and/or third parties. This
Agreement is a binding legal document that defines your rights and obligations relative to
your use of this Site You indicate your conclusive acceptance of this Agreement by Using this Site in any manner whatsoever. If you do not agree to this Agreement, please do not access or use this Site in any manner whatsoever. As provided elsewhere in this Agreement, we may revise this Agreement or this Site at any time in our sole discretion without notice. We will post the revised Agreement on this Site and such revised Agreement shall be effective immediately upon its posting. You agree you will periodically review this Agreement for changes when using this Site. If at any time you do not agree to the revisions we make in this Agreement or this Site, you should no longer access or use this Site in any manner whatsoever. 2.
Your Use of Content. The Content consists of copyrighted works proprietary to us or
to third parties who have provided us with Content ("Content Providers.") You
may download and print a single copy of the Content solely for your use in connection with
your internal non-commercial use. Any Content you download or print may not be altered in
any way and must contain all copyright and proprietary rights notices that were contained
in such Content. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES
COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR
UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. 3. Intellectual Property Ownership.
You agree that we (or our Content Providers) own all worldwide rights, titles and
interests in and to the Site and all intellectual property rights therein. You may create
a bookmark in your browser to the home page of the Site. Otherwise, you may not create a
link to the Site without our prior written approval. All rights not expressly granted in
this Agreement are reserved to us. No other rights or licenses, whether express, implied,
arising by estoppel, or otherwise are conveyed or intended by this Agreement. 4. Interactive Areas. When
available you may be permitted to access and use chat rooms, bulletin boards, mail lists,
customized home pages, and other forms of group electronic communications through the Site
("Interactive Areas"). If you participate in Interactive Areas you are
responsible for your own communications and the consequences of posting your
communications. If you choose to post material using such Interactive Areas, you agree to
do so solely for lawful purposes. You expressly agree that you will not post any material
that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation,
material which encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state, federal, or
international law; (2) infringes on the copyright or any other proprietary right of a
third party; (3) would invade the privacy of any other person; (4) is intended to
advertise to or solicit others without our express permission; (5) constitute charity
solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse,
time bomb, or any other harmful program or component; or (7) does not generally pertain to
the designated topic or theme of the Site. You also expressly agree that you will not: (a)
after receiving warning, continue to post material which we have advised you not to post;
(b) create a false identity or forged e-mail address or header, or otherwise attempt to
mislead others as to the identity of the sender or the origin of the message; (c) post,
generate or disseminate so-called "spam" or mass-mailings; (d) harvest or
otherwise collect information about others, including email addresses, without their
consent; (e) interfere with or disrupt networks connected to the Site, or used for
purposes of delivering the Content or the Services (or violate the regulations, policies
or procedures of such networks); (f) attempt to gain unauthorized access to restricted
areas of the Site, other accounts, computer systems or networks connected to the Site,
through password mining or any other means; or (g) interfere with another of our user's
use and enjoyment of the Site. We do not and are not responsible for screening or
monitoring material posted by you or any other person or entity in Interactive Areas. If
notified by one of our users of any material that is alleged not to conform to the terms
of this Agreement, we may investigate the allegation and determine in our sole discretion
to remove or request the removal of the material. We reserve the right to remove material,
which is abusive, illegal, disruptive, or that otherwise fails to conform to this
Agreement. We reserve the right to edit or delete any material posted on our Site,
regardless of whether such material violates these standards for content. We have no
liability or responsibility to you or any other person or entity for performance or
nonperformance of the screening activities set forth above. We further do not represent,
warrant or guarantee the truthfulness, accuracy, or reliability of any of the material
posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive
Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR
OWN RISK. You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual
license, with right to sublicense, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other information you
submit to the Interactive Areas by all means and in any media now known or hereafter
developed for any use or purpose. 5. Advertisements and Links The
Site may contain advertisements placed by or on behalf of third parties. These
advertisements may contain links to other web sites. For your convenience, we provide
links on our Site to third party web sites. These third party web sites are not under our
control and we are not responsible for such third party web sites. UNLESS EXPRESSLY STATED
BY US, WE DO NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEB SITES OF ANY
THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEB SITE MAY
BE EITHER NECESSARY OR APPROPRIATE FOR YOU OR FOR THE USE IN RENDERING CARE TO PATIENTS. 6. Access. All user information
provided to us must be current, accurate and complete. You are allowed to access and use
the Site subject to the terms and we may revise conditions of this Agreement from time to
time in our sole discretion. You may be asked to accept additional terms and conditions
from us or from a third party prior to using this site. 7. Medical
Disclaimer. Our Web site presents information to educate the public on various Foot
and Ankle health topics. It is NOT intended to provide instructions on
medical diagnosis or treatment. The information contained on this site
is compiled from a variety of sources. It may not be complete or timely. It does not cover
all diseases, physical conditions, ailments or treatments. You should NOT
rely on this information to determine a diagnosis or course of treatment. The information
should NOT be used in place of an individual consultation, examination,
visit or call with one of our groups physician or other qualified health care
provider. You should never disregard the advice of your physician or other qualified
health care provider because of any information you read on this site or on any Web sites
you visit as a result of using this site. If you have any health care questions, please
feel free to consult one of our groups physician or other qualified health care
provider promptly. Always consult a physician or other qualified health care provider
before you begin any new treatment. The operators of this Web site and those who
provide information for this site do not directly or indirectly provide medical diagnosis
and or treatment through this Web site.
8. E- Mail. YOU ACKNOWLEDGE AND
AGREE THAT THE TEXT OF E-MAIL MESSAGES SENT TO RECIPIENTS WHO ARE WITHIN THE
PREMIERSURGEONS MAIL NETWORK, AND ALL ATTACHMENTS TO THESE MESSAGES, ARE NOT SECURE. 9. General Disclaimers. THE
SITE IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE
THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING
OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE,
COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES
THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS
FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY
SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE
TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR
USE OF THE SITE. Some jurisdictions do not permit the exclusion or limitation of implied
warranties. Therefore, only if required by applicable law, some or all of the exclusions
or limitations above may not apply to you. You may have other rights from jurisdiction to
jurisdiction. 10. Exclusion of Damages. UNDER
NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY
FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS
AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM
OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE
CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES,
OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION
SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not permit the exclusion of certain types of damages. Therefore,
only if required by applicable law, some or all of the exclusions above may not apply to
you. You may have other rights from jurisdiction to jurisdiction. 11. Indemnity. You agree to
defend, indemnify and hold us harmless against any losses, expenses, costs or damages
(including our reasonable attorneys' fees, expert fees' and other reasonable costs of
litigation) arising from, incurred as a result of, or in any manner related to (1) your
breach of the terms of this Agreement, (2) your unauthorized or unlawful use of the Site. 12. Entire Agreement. This
Agreement contains the entire agreement between you and us relating to the subject matter
hereof, and supersedes any other oral or written communications relating thereto. This
Agreement may not be amended or supplemented by (1) any purchase order or similar form
originated by you relating to the subject matter hereof, or (2) statements of any of our
employees. We reserve the right to make changes to this Agreement at any time without
advance notice. We agree to post all amended forms of this Agreement on the Site and such
amended forms shall be effective immediately upon its posting. It is at all times your
responsibility to read the most current form of this Agreement before using the Site to
ensure that you agree to the terms and conditions of any amendments made to this
Agreement. You agree that these standards for notice of amendments to this Agreement are
reasonable. This Agreement does not affect or replace any agreement that is entered into
by you with us. Revised July 1, 2001.
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