TOS

Overview:

This World Wide Web site with its home page hereinafter referred to as Website is an information service provided by David Lintner M.D., hereinafter referred to as DOCTOR.  The WEBSITE was created and is maintained by eMedWebs, Inc. which is headquartered in the State of Texas, in the United States of America, hereinafter referred to as EMEDWEBS. This WEBSITE is provided to you, herinafter referred to as USER, at no charge with the express condition that USER agrees to be bound by the terms and conditions set forth in this document.  DOCTOR and/or EMEDWEBS reserves the right to change these terms and conditions at any time, and USER agrees to abide by the most recent version of this TOS.  USER is advised to consult this TOS each and every time this WEBSITE is used or viewed.  

AGAIN, THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TOS") GOVERN YOUR USE OF THIS EMEDWEBS WEBSITE, AND ARE LEGALLY BINDING ON YOU (USER).  IF YOU DO NOT AGREE WITH ANY ONE OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED WITHIN THIS WEBSITE.  YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS SETFORTH BELOW.

1. Disclaimer of Warranty

a)     EMEDWEBS is providing this site, its contents and links on an “as is” and “as available” basis and makes no representations or warranties of any kind, express or implied with respect to this site, its availability, contents or information or products or services listed on the site.

b)     USER will hold harmless DOCTOR and EMEDWEBS (it’s shareholders, officers, director, and employees from all claims arising out of or related to USER access to or inability to access WEBSITE.

c)     Again, YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.   In consideration for use of and access to WEBSITE, you agree that in no event will EMEDWEBS or any other party involved in creating, producing or delivering this WEBSITE or any site linked to this WEBSITE, be liable to USER in any manner whatsoever for any decision made or action or non-action taken by USER in reliance upon the information provided through this WEBSITE. 

2. Medical Disclaimer

a)     USER should not rely solely on information provided in WEBSITE for their health needs. The material and content contained in WEBSITE is for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. All specific medical questions should be presented to USER’S own health care provider.

b)    DOCTOR makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained or referenced in WEBSITE.  DOCTOR does not assume any risk for WEBSITE.  USER of WEBSITE should be aware that information about health care changes constantly; since WEBSITE is only updated periodically, it may not contain the most recent information.  DOCTOR and EMEDWEBS reserves the right to update or change information contained in WEBSITE at any time.  DOCTOR and EMEDWEBS make no warranties of any kind regarding WEBSITE.  In no event will DOCTOR or EWEDMEDS or any of the contributors to the WEBSITE be liable to USER or anyone else for any decision made or action taken on reliance of information found on WEBSITE. Opinions and recommendations contained in WEBSITE are not necessarily those of EMEDWEBS, nor are they endorsed by EMEDWEBS.

c)     The use of WEBSITE does not create a physician-patient relationship and does not obligate DOCTOR to follow-up or contact USER.

3. Limitation of Liability

a)     USER will hold harmless DOCTOR and EMEDWEBS (it’s shareholders, officers, director, and employees from all claims arising out of or related to USER access to or inability to access WEBSITE.

b)     EMEDWEBS and DOCTOR does not warrant that the WEBSITE  will operate error-fee or that the site and its server are free of computer viruses and other harmful goods or conditions.  If use of WEBSITE or it’s content (defined below Section 4b) results in the need for servicing or replacing equipment or data, EMEDWEBS and DOCTOR are not responsible for those costs.

4. Copyrights and Copyright Notices

a)     EMEDWEBS and DOCTOR respects the intellectual property of others, and demand the same. 

b)     The entire content of WEBSITE (software, photos, video, text, graphics, music, sounds or other material (collectively “CONTENT”) is copyrighted and any attempt to infringe upon these materials will subject USER or organization to criminal and civil penalties as prescribed by law.   You may not modify, publish, transmit, participate in the transfer or sales, create derivative works, or in any way exploit, any of the CONTENT of WEBSITE, in whole or part.

c)      Modification of CONTENT or use of CONTENT for any purpose, including use of any such CONTENT on any other web site, internet device, or networked computer environment is strictly prohibited.

d)     If WEBSITE contains any work that USER believes constitutes a copyright infringement, you must contact the EMEDWEBS Agent by e-mail: emedwebs@aol.com

5. Links

a)     WEBSITE may provide links to other websites which are not sponsored by EMEDWEBS or DOCTOR.   These links are provided as a convenience only.  Because EMEDWEBS AND DOCTOR has no control over such sites and resources, DOCTOR and EMEDWEBS are not responsible for information appearing in links or for the availability of such external sites or resources.

b)     DOCTOR and EMEDWEBS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources

6.  Governing Law

These TOS shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the Harris county of the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.  If any provision of these TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between you and EMEDWEBS relating to the subject matter herein and shall not be modified by USER except in writing and signed by both parties.  The TOS will inure to the benefit of EMEDWEBS successors, assigns and licensees.

7. Indemnification

You agree to hold agree to indemnify, defend and hold harmless DOCTOR and EMEDWEBS, along with their officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of WEBSITE or your violation of the terms or conditions of this agreement (the TOS).