The Website can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Website both you and ADHS agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Website (whether grounded in tort, contract, law or equity). In the case of a dispute, you and ADHS agree that any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Harris County, Texas. You and ADHS hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
ADHS makes no representation regarding accessing the materials on this Website from jurisdictions where their contents are illegal or prohibited. Those users who choose to access this Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws and regulations.
If you do not understand or have questions about the Agreement, immediately stop all use of the Website and contact [WEBMASTER – INSERT EMAIL]. This Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the Website. When the Agreement is changed, the date of the latest revision will appear at the top of this page. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Website after, the updates, revisions, supplements, modifications or amendments.
No Health Services or Patient Relationship
The materials on this Website are made available by ADHS for informational purposes only and do not constitute medical or health care advice, do not necessarily reflect the opinions or judgment of ADHS, members of its Medical Staff and are not guaranteed to be correct, complete, or up-to-date. Although the Website may provide information concerning potential health issues, it is not a substitute for medical advice from qualified health care providers with whom you have a treatment relationship.
Your use of the Website is at the sole discretion of ADHS, which may deny you further use of the Website at any time, for any reason, with or without cause except as otherwise prohibited by law. Your use of the Website does not entitle you to continued use of the Website. You agree that you will not use the Website for any illegal purpose. In addition, you agree that:
- You will not harvest, collect or otherwise use contact information made available on the Website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any ADHS communications facility to deliver or attempt to deliver spam
- You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website
- You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website
- You will not use the Website in any manner designed to degrade the performance or functioning of the Website, including, without limitation, launching Denial-of-Service (DoS) attacks against the Website and you will not upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment
- You will not use the Website to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity
- You will not upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
- You will not upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity
ADHS claims a copyright in this Website and all components thereof.
ADHS grants you a personal, revocable, non-transferable, and non-exclusive right and license to access the Website and its contents; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Website except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.
ADHS SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS WEBSITE.
Links to Third Party Sites
If you use any links on the Website to websites not maintained by ADHS, you will leave the ADHS Website. The linked sites are not under the control of ADHS and ADHS is not responsible for the contents of any linked site or any link contained on a linked site. ADHS provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by ADHS of the site nor is it intended to imply that ADHS sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. ADHS is offered no compensation or remuneration from the organizations linked to the Website. ADHS makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS ADHS, ITS THIRD PARTY CONTENT PROVIDERS, MEDICAL STAFF AND EMPLOYEES AND OTHER AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF ADHS OR ANY OF THEM ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS WEBSITE.
This Agreement constitutes the entire agreement between you and ADHS with respect to your use of the Website. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Website except as set forth in this Agreement.
If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed and all other provisions shall remain in force.