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Site Policy
Legal Notices
These legal terms and conditions govern:
1) Your access to the website, located at
http://www.orthorogerson.com
"Site." and operated by the "Party" which refers to John S. Rogerson,
M.D., S.C. and
2) Your use of any content and services on the Site.
The term Site is used to refer to the Site as well the service provided to
you by your access to and use of the Site. Unless otherwise specified,
John S. Rogerson, M.D., S.C. does not own this Site, the Marks (as defined
below), the domain names related to the Site (see the Copyright and
Trademark Statement), or any other intellectual property related to the
Site. John S. Rogerson, M.D., S.C. serves as a sponsor to this Site, in
that it has paid for the Site's development and operation, and provides
Visitors the means of accessing and using the Site. John S. Rogerson,
M.D., S.C. does not warrant any aspects of the Site's content. You agree
that you will use the Site only in accordance with the terms of this
Agreement.
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SITE.
Visitor Rules
You must be 18 years or older to access and use the Site. In addition, if
you are over 18, you agree to take full and active responsibility to
prevent the use of the Site by any children under 18 you may be
responsible for as a parent or legal guardian.
You agree that your decision to access the Site is done solely on your own
initiative, and that you are solely responsible for complying with any
applicable laws regarding such access
International Users
Given the global nature of the Internet, you agree to comply with all
local rules (from where you physically reside) regarding conduct and
content via the Internet. This includes, where applicable, laws
prohibiting you from using this Site at all. You also agree to comply with
all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you physically reside.
Your Acceptance of the Terms and Conditions
The terms and conditions ("Terms and Conditions") hereunder constitute a
legal agreement between you, as a Visitor to the Site, and the Party. By
using the Site, you acknowledge and agree that you have read and agree to
the terms in the Privacy Policy. Additional terms and conditions of use
may also be posted directly on other areas of the Site, and together with
the Terms and Conditions, as amended from time to time, are collectively
referred to as the "Agreement." The Party reserves the right to modify any
or all of this Agreement at any time, and such change will be effective
immediately upon publication on the Site. You agree to be bound by the
terms and conditions of this Agreement, and any modifications thereof, as
long as you continue to access and use the Site.
This Site Does Not Provide Medical Advice
This Site does not provide you with any medical advice. Through this Site,
the Party provides you with general information relating to shoulder, hip
and knee injuries, anatomy and surgery for informational purposes only.
You are advised not to use any information on the Site as a substitute for
professional medical advice, diagnosis or treatment. Always personally
consult with a trained and qualified medical professional who can answer
questions on, evaluate and treat, your specific medical condition. Never
delay in seeking medical advice as a result of information you may have
obtained from or through the Site. Always personally speak with a trained
and qualified medical professional regarding any information you have
obtained from or through the Site. You understand and agree that the Party
is not responsible for, and does not endorse or recommend any products,
services or information from or through the Site.
Your Assumption of Risk
The decision to rely on any information, instruction, opinion, procedure,
treatment, product or service found on the Site, or any website linked to
or from the Site, is made solely at your own risk. The Parties accept no
responsibility or liability for injury or damage resulting from your
decision to use or rely on any content found on the Site, or any website
linked to the Site, or any product or service related to the Site.
In consideration of being permitted to access the Site, you agree that you
and your heirs, distributees, guardians, legal representatives, executors,
administrators and assigns, will not assert any claim against, sue, attach
the property of, or prosecute the Parties or any of its officers,
directors, agents, employees, contractors, information providers,
licensors, licensees, or affiliates for any injury, death, damage or
property damage, or the like, which may result from your access to, use of
or reliance upon any information contained within, any communications with
Participating Physicians as a result of, or any site linked to or from,
the Site, whether caused by the Party's negligence or otherwise.
Rights to the Site Content
The Site contains "Site Content," which collectively refers to all
tangible and intangible material on the Site including, but not limited
to: any text, graphics, images, information, software, audio and video
clips, links and other material, proprietary and confidential information,
copyrights, patents and trademarks, including the Marks (as defined
below). Site Content also includes materials from "Contributing Authors"
and "Participating Physicians," as defined below.
All Site Content, in whole or in part, is protected by all applicable
copyright laws, international conventions or treaties, and any other
intellectual property or proprietary laws, and, unless in the public
domain, is owned by the Party, whether or not such rights are expressly
identified in, or in connection with, such Site Content.
You are authorized by the Party to view and download a single copy of the
Site Content for your personal use. You agree to retain all copyright and
other proprietary notices contained in the original Site Content on any
copy you make of such material. No other license to use any of the Site
Content is given or implied without the respective owner's prior written
consent.
The trademarks, logos, slogans, and service marks appearing on the Site
(collectively the "Marks") are registered and unregistered trademarks of
the Party or other third parties, protected under all applicable laws, and
include without limitation, those specified in the Copyright and Trademark
Statement. Unless otherwise specified hereunder, no such Marks may be
used:
1) In any way that is not expressly
authorized, in writing, by the respective owner,
2) In any manner that is likely to cause confusion among the public about
the respective owner and its business, or
3) In any manner that disparages or discredits the respective owner or its
related business.
Unless otherwise specified hereunder, you
may not sell, rent, modify, reproduce, display, distribute, or otherwise
use the Site Content, in whole or in part, in any way without the
respective owner's prior written consent.
Management of Site Content
The Party reserves the right, in its sole discretion, to establish
practices regarding use of the Site. The Party has no responsibility or
liability for the deletion or failure to store any Site Content.
You also understand that the Party prescreens and monitors its own Site
Content, but reserves the right, in its sole discretion, to refuse or
remove any such content for any reason and with no explanation.
The Party may preserve, disclose or review any Site Content if required to
do so by law or in the good faith belief that such action is reasonably
necessary to comply with any legal process, enforce this Agreement,
respond to any claim regarding the violation of the rights of any third
parties, or protect the rights, property or personal safety of the Party,
or of any Visitors on the Site.
No Endorsement of Contributing Author Materials
The Site Content may include material provided by Contributing Authors.
These materials are the opinions and creations of the authors and/or
owners identified in those materials. As such, the Party does not assume
any responsibility for and denies liability for any Contributing Author
Materials. The Party's publication of Contributing Author Materials does
not constitute either of the Party's endorsement, warranty or guarantee of
any information, instruction, opinion, products or services contained
within such materials.
You will yourself evaluate the validity of all portions of the Site
Content, including without limitation the Contributing Author Materials
and bear all risks associated with the use of any such content, including
without limitation, the accuracy, completeness, reliability or usefulness
thereof. Under no circumstances will the Party be responsible for any loss
or damage resulting from any reliance you place or any third party places
on such information.
No Endorsement of Links to Third Parties and
Participating Physicians
The Site does provide links to other websites, resources or sponsors. You
understand and agree that the Party is not responsible for the
availability of such websites, resources and sponsors, and do not endorse
and is not responsible or liable for any content, products or services
(including anything that could be offensive, inappropriate, inaccurate,
false, misleading or in violation of applicable laws) available through
such websites, resources and sponsors (if any). You also agree that the
Party is not responsible or liable for any direct or indirect damage or
loss caused, or alleged to be caused, by or in connection with the use of
or reliance on any such content, products or services.
Your Communications with Third Parties
Your correspondence with, participation in promotions by, and purchase of
any products or services from any third party as a result of the Site are
communications or transactions, as the case may be, solely between you and
such third party ('Third Party Dealings"). These Third Party Dealings
include without limitation your agreement to any terms, conditions,
obligations, warranties or representations associated with such third
parties on the Site. You agree that the Party will not be responsible or
liable for any loss or damage of any type incurred as the result of any
Third Party Dealings, or as the result of the presence of such third
parties on the Site.
Termination of or Change in Site
The Party may change, suspend or discontinue any aspect of the Site, or
any part thereof, or impose any limits on any feature or service,
including the availability of any Site feature, database, or Site Content
for any reason, at any time, and without notice. You agree that the Party
will not be liable in any way to you or any third party for any actions of
the Party as described herein or otherwise.
Disclaimer of Warranties
Your access to and use of the site, including without limitation all
content, software, functions, materials and information, is at your sole
risk, and such site is provided on an "as is" and "as available" basis
The Party and each of its subsidiaries, licensees, licensors and
affiliates expressly disclaim all express or implied warranties of any
kind, including without limitations the warranties of merchantability,
fitness for a particular purpose, and non-infringement of third party
rights.
To the fullest extend permitted by law, each Party and each of it
subsidiaries, licensees, licensors and affiliates make no representation
or warranties of any kind what-so-ever
1) With respect to content on the site.
2) With respect to any products or services available through the site or
linked websites.
3) That the site will meet your requirements.
4) That access to the sire will be uninterrupted, timely, secure, or
error-free.
5) That any information or results obtained from use of the sire will be
accurate, complete, current or reliable.
6) That the quality of any products, services, content or any other
information purchased or obtained by you through the site will meet your
expectations.
7) That any errors or defects in the site, including without limitation
any software, will be corrected.
8) That the site and related system are free of viruses and other harmful
components.
Any material downloaded or otherwise
obtained through use of the sire is done at your own risk. You are solely
responsible for any damage to your computer system or for loss of data
resulting from such downloads of for any other reason relating to use of
the site, and for verifying any information obtained through the site.
No information, whether oral or written, obtained by you from the Party or
through use of the site shall create any warranty, unless expressly
provided in this agreement.
Limitations of Liability
The Party expressly disclaims any liability for any direct, indirect,
incidental, special , consequential, punitive or exemplary damages,
including without limitation for lost profits, goodwill, use of the site,
access to the site, data or other intangible losses, whether based in
contract, tort (including negligence), strict liability, product liability
or otherwise, even if one or more parties were advised of such
possibility, or it such loss was foreseeable in any way, if related to:
1) Access to the site.
2) Use of the site.
3) Cost of substitute goods and services ( including procurement)
resulting from any goods, data, information or services purchased or
obtained through or via the site.
4) Unauthorized access to or alteration of your transmissions or data.
5) Third party statements or conduct on the site, including without
limitation any unlawful, harassing, defamatory, abusive, threatening,
harmful, vulgar, offensive, obscene, sexually explicit or otherwise
objectionable conduct, speech or communication.
6) The accuracy, adequacy, reliability, currentness, completeness,
timeliness, suitability, usefulness or applicability of any content,
product or service available through the site.
7) Any other matter related to this agreement.
Miscellaneous
Terms
This Agreement constitutes the entire agreement between you and the Party
and supersedes any prior agreements between you and the Party. You may
also be subject to additional terms and conditions which may apply when
you use (a) the services and products of any third parties, and (b) any
third party content, software or other proprietary information. If any
provision under this Agreement is held to be invalid or unenforceable for
any reason, the remaining provisions will continue in full force without
being impaired or invalidated in any way. Any failure by the Party to
exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. The Party may assign its
rights and obligations under this Agreement at any time and without notice
to you.
One Year Limit
You agree that regardless of any contrary statute or law, any claim or
cause of action arising out of or related to use of the site or this
agreement must be filed within one (1) year after such claim or cause of
action arose, or be forever barred.
Notices
The Party may provide notices of changes to this Agreement or other
matters related to the Site by displaying notices or links to notices to
you generally through the Site.
Survival of Certain Provisions
The termination of this Agreement for any reason will not terminate the
obligations or liabilities of the Party under the terms and conditions of
this Agreement regarding warranties, liabilities, proprietary rights and
all others that by their sense and context are intended to survive the
execution, delivery, performance, termination and expiration of this
Agreement.
Governing Law
This Agreement is governed, and construed and enforced in accordance with
the laws of Wisconsin, without giving effect to the principles of
conflicts of law thereof. By accessing and using the Site, you waive any
defense of an inconvenient forum and any right of jurisdiction on account
of the place of residence or domicile.
7/3/2004
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