PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. Healthcare Associates of Texas (“HCAT”), is providing this Site (“Site”) to provide general information regarding HCAT and its corporate affiliates, including [List affiliates and Sites to be covered by these TOU]. Your use of this Site and any linked Site of the above HCAT corporate affiliates indicates your acceptance of these terms and conditions of use.

Use of the Site is subject to these Terms of Use. You acknowledge that health care information changes continually and that this Site, which is updated periodically, may not contain the most recent, complete or useful information at the time you access the Site. You understand that the health care providers whose information is available on the Site are not necessarily agents or employees of HCAT or its affiliates.

No medical advice

The information contained on this website is general in nature and should not substitute for, or be used instead of, a clinical or therapeutic relationship with a health care professional who is fully familiar with the specifics of your case. The information on this site may assist you in your personal, general research but it does not constitute the practice of medicine or any other health care profession. Nothing mentioned in this site is intended as a recommendation or endorsement of any specific tests, products, procedures, healthcare provider or opinion. Any reliance on any information provided by the website personnel, others appearing on the site at the invitation of the website and/or other visitors to the site is solely at the user’s risk. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read on this Website.   If you suspect that you may have a medical condition, or are seeking medical advice or treatment, we recommend that you consult a qualified health professional as soon as possible.

Physician information

Please understand that the physicians whose information is available on this Site may not be agents or employees of HCAT or its corporate affiliates. Although HCAT has obtained the information provided on this Site concerning physicians (including specialty, credentials and training) from sources believed to be reliable and accurate, HCAT can make no guarantee or warranty as to the accuracy, timeliness or completeness of that information.

Permitted use of content

The works of authorship contained on this Site, including all design, text and images, are owned, except as otherwise expressly stated, by HCAT or its licensors. The contents of this Site are protected by United States’ and worldwide copyright laws and treaty provisions.

Subject to your compliance with these Terms of Use, you may download one copy of the materials on this Site for your personal, non-commercial use, provided that you do not modify or alter the materials in any way, nor delete or change any copyright, trademark or other proprietary notices. The systematic retrieval of data or information from this Site to create or compile (directly or indirectly) a collection, compilation, database or directory is prohibited. Except as stated above, you may not copy, reproduce, modify, use, republish, upload, post, transmit or distribute any material from this Site, including any trademarks, names or logos appearing on this Site, in any way without HCAT’S written permission. In addition, you may not redeliver or present any of the pages, text, images or other content of this Site using “framing” technology without HCAT’S written permission. All rights not expressly granted herein are reserved to HCAT and its licensors.

Children’s privacy

The Site is not intended for use by children under the age of 13, and HCAT does not knowingly collect or use any information from such children. If we become aware that we have unknowingly collected information from a child under the age of 13, such information will be deleted from our system.

Disclaimer/No Warranty

ALL INFORMATION IN THIS SITE IS PROVIDED FREE AND “AS IS.” ACCORDINGLY, HCAT AND ITS CORPORATE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES (INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES) OF ANY KIND, WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THIS SITE OR ANY LINKED WEBSITE. TO THE FULLEST EXTENT PERMITTED UNDER LAW, HCAT AND ITS CORPORATE AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, HCAT AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR AVAILABILITY OF THIS SITE OR ITS CONTENT OR OF ANY LINKED WEBSITE OR THAT THIS SITE OR ITS CONTENT OR ANY LINKED WEBSITE IS CURRENT.

In using this Site, you assume the risk of accessing and using the information provided on the Site. HCAT and its corporate affiliates are not responsible, in any way, to you or others for any loss that results from the use of this Site, use of linked websites, use of or failure to use information contained in this Site or information contained in linked websites. HCAT and its corporate affiliates do not guarantee the information provided on this Site and are not responsible for any errors or omissions in the information provided. HCAT and its corporate affiliates assume no responsibility and will not be liable for any damages arising out of your use of the Site or linked websites, including but not limited to, direct, indirect, special, consequential, and compensatory damage; incidental damage; lost profits or data; damages to your computer resulting from viruses; loss of or damage to other property; or claims of third parties arising out of the use, copying or display of this Site or its contents, regardless of whether HCAT or its corporate affiliates have been advised, knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against HCAT and its corporate affiliates is to cease use of this Site.

Without limiting the foregoing, you expressly release HCAT, its corporate affiliates, directors, officers, employees, contractors, agents, successors and assignees (the “HCAT Parties”) of any responsibility and/or liability pertaining to your use of this Site, use of linked websites, information contained in this Site or linked websites, including any liability or responsibility pertaining to the use, administration, and/or nonuse of any quiz, assessment, questionnaire, survey, and the like, and your responses thereto and results thereof, and the use and/or disclosure of your information in accordance with the Website Privacy Policy.

What you should know about information you provide to HCAT

HCAT reserves the right, but not the duty, to monitor use of this Site, including any information you provide to us. The information you send to us by email may be misdirected or intercepted by unintended recipients, and thus may not constitute a confidential medium of communication. If you have any confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email. If you communicate with us by email or choose to receive email from us, you should understand that email transmission is being used for convenience, and that we do not warrant the confidentiality and security of the transmission.

You are personally responsible for all information you send to or through this Site. Accordingly, please do not post or transmit any information that you do not have permission to post or that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invasive of the privacy of another person or any other information or materials that violate any law or confidentiality agreement. HCAT reserves the right to refuse to post any such message, to edit or remove communications, to ban future posting and use of this Site, and, if necessary, to take appropriate legal action.

Linkage

You may, through hypertext or other computer links, gain access to third parties’ Sites which are not related to or maintained by us. HCAT is not affiliated with such third parties, and we take no responsibility for the content of their sites, regardless of whether the link is provided by us or a third party. We make no judgment or warranty with respect to the accuracy, timeliness, or suitability of the content of any website to which this Site may link, including information on such other website regarding HCAT. By providing access to other websites, you understand that we are not endorsing the products and services provided by any website’s sponsoring organization and that any services you elect and any purchases you make are between you and the third party product or service provider. As such, your sole and exclusive remedy for claims arising from any such product or service is against the third party product or service provider (and not HCAT).

Other websites should feel free to include a link to this site, provided such links are only to the HCAT home page (www.healthcareassociates.com). Linking to other content within the Site (so called “deep linking”) is prohibited without HCAT prior written consent. This limited license expressly prohibits the framing of HCAT content in any way or any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

Submissions

HCAT is happy to hear from you and other users of this Site; however, HCAT’S policy is not to accept or consider any ideas, suggestions or materials (“Information”) from any of those users. If, despite HCAT’S request, you send us any such Information, that Information will become and will remain HCAT property. None of the Information so submitted will be subject to any obligation of confidence on HCAT’s part, and HCAT will not be liable for disclosure of any Information and will have unrestricted use of such Information for any purpose whatsoever, commercial or otherwise, without compensation or liability to you.  You agree to waive your moral rights in any such materials or Information, and you warrant that any such materials and Information are original with you or that you have the right to submit such materials and information to us. You further agree that you will have no recourse against HCAT for any alleged or actual infringement or misappropriation of any proprietary right in your communications with us.

In the event that you send health information for purpose of obtaining an appointment with a specific provider, you are authorizing that such information be provided to that provider.

In addition, in connection with your use of this site, you may not:

Post or transmit any material that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;

Send an unreasonably large amount of material on this Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying this site, such as posting the same note more than once or “spam;”

Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;

Access, use, or copy any portion of this Site or its content through the use of automated devices or mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents;

Impersonate another person, or allow any other person or entity to use your identification for posting or viewing comments.

You agree that you will indemnify HCAT, its corporate affiliates, and their directors, officers, employees, contractors, agents, successors and assignees against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out of any claims by a third party relating to materials you have posted or other actions taken by you on the Site.

Operation of the Site

HCAT uses reasonable commercial efforts to keep this site available for access on a 24-hour-a-day, seven-day-a-week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. HCAT can provide no assurances; however, that access will be available at any time or that access to the Site will be uninterrupted. Further, HCAT does not warrant that the operation of this Site will be error-free, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components. You assume the entire cost of all necessary servicing, repair or correction of your property.

Privacy and security

HCAT uses reasonable efforts to comply with all applicable laws concerning privacy of online communications. As previously noted, you should be aware that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised. As a matter of prudence, therefore, you should assume that all online communications are not secure. Please refer to the terms and conditions of HCAT Website Privacy Policy which describes HCAT information practices and our Notice of Privacy Practices.

Proprietary rights

All materials available on this Site are protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. Except as expressly authorized, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials. You agree not to use materials available on the Site except as expressly authorized.
Applicable law; enforcement of terms and conditions

These Terms of Use are governed and interpreted pursuant to the laws of the State of Texas, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions, which will remain in full force and effect. No waiver of any of these Terms of Use will be deemed valid unless in writing signed by an authorized representative of HCAT and any such writing will not be deemed a further or continuing waiver of such term or any other term or condition. Except as expressly supplemented elsewhere on this site, these Terms of Use and HCAT’s Website Privacy Policy constitute the entire agreement between you and HCAT with respect to your use of this Site.

Amendments and modifications

HCAT reserves the right to change these Terms of Use and/or the information, services, content of, and access to this Site, at any time without prior notice. If you use this site after we post changes to the Terms of Use, you accept and agree to be bound by the changed terms and conditions. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of HCAT Site home page.