PRIOR TO USING THIS SITE, PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY
By using this site, you signify you agree to these Terms and Conditions.
If you do not agree to all of these Terms and Conditions of use, do not use this site
OrthoCarolina, P.A. ("OrthoCarolina") may revise and update these Terms and Conditions at any time. Your continued usage of the OrthoCarolina website ("OrthoCarolina Site" or the "Site,") will mean you accept those changes.
Use of Content
a. The contents of the OrthoCarolina Site, such as text, graphics, images, information obtained from OrthoCarolina's licensors, and other material contained on the OrthoCarolina Site ("Content") is protected by copyright under both United States and foreign laws. Title to the Content remains with OrthoCarolina or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of OrthoCarolina. All rights not expressly granted herein are reserved to OrthoCarolina and its licensors.
b. The Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. You should not disregard professional medical advice or delay in seeking advice because of something you read on the OrthoCarolina Site.
c. OrthoCarolina authorizes you to view or download a single copy of the material on the OrthoCarolina Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2010, OrthoCarolina, P.A. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the OrthoCarolina Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
d. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of OrthoCarolina and its Licensors
a. The use of the OrthoCarolina Site and the Content is at your own risk.
b. When using the OrthoCarolina Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of OrthoCarolina and its suppliers. Accordingly, OrthoCarolina assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the OrthoCarolina Site.
c. The OrthoCarolina Site and the Content are provided on an "as is" basis. ORTHOCAROLINA, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, OrthoCarolina, its licensors, and its suppliers make no representations or warranties about the following:
i. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the OrthoCarolina Site or OrthoCarolina.
ii. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the OrthoCarolina Site.
d. In no event shall OrthoCarolina, its licensors, its suppliers, or any third parties mentioned on the OrthoCarolina Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the OrthoCarolina Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not OrthoCarolina, its licensors, its suppliers, or any third parties mentioned on the OrthoCarolina Site are advised of the possibility of such damages. OrthoCarolina, its licensors, its suppliers, or any third parties mentioned on the OrthoCarolina Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. OrthoCarolina, its licensors, its suppliers, or any third parties mentioned on the OrthoCarolina Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
a. Persons who are OrthoCarolina patients should not submit personal medical information through this Site. If you are an OrthoCarolina patient, you should direct all specific health-related inquiries and information to your OrthoCarolina provider directly in the manner specified by your provider. If you think you may have a medical emergency, you should call 911 immediately.
b. Submission of personal medical information or a health-related inquiry through this Site does not create a physician-patient relationship with OrthoCarolina or an OrthoCarolina health care provider. If you would like to become a patient of OrthoCarolina, please make an appointment by calling one of the phone numbers listed
on the Site.
d. You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
e. If you make any such submission, you agree that you will not send or transmit to OrthoCarolina by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to OrthoCarolina by email, you agree such submission is non-confidential for all purposes.
f. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to OrthoCarolina by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted OrthoCarolina a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. OrthoCarolina may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to OrthoCarolina by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions - Image, Video, Audio Files
a. You agree only to post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
b. To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media such as images or video of other people without their written permission is strictly prohibited.
c. By uploading any media on the OrthoCarolina site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
e. You agree that you will not upload 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 or this Web site.
f. By uploading any media like a photo or video, (a) you grant to OrthoCarolina a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes OrthoCarolina to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify OrthoCarolina and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
g. OrthoCarolina reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
OrthoCarolina has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your OrthoCarolina passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your OrthoCarolina account and password; (3) promptly inform OrthoCarolina of any need to deactivate a password. You grant OrthoCarolina and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. OrthoCarolina cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using OrthoCarolina tools and services.
OrthoCarolina Subscription Services
OrthoCarolina Live and Member to Member Areas ("Public Areas")
a. If you use a Public Area, such as a chat room, message boards, blogs or or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. OrthoCarolina and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
b. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
i. Using a Public Area for any purpose in violation of local, state, national, or international laws;
ii. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
iii. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by OrthoCarolina in its sole discretion;
iv. Posting advertisements or solicitations of business;
v. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
vi. Posting chain letters or pyramid schemes;
vii. Impersonating another person;
viii. Distributing viruses or other harmful computer code;
ix. Harvesting or otherwise collecting information about others, including email addresses, their identification for posting or viewing comments, etc., without their consent;
x. Allowing any other person or entity to use your identification for posting or viewing comments;
xi. Posting the same note more than once or "spamming"; or
xii. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of OrthoCarolina, exposes OrthoCarolina or any of its customers or suppliers to any liability or detriment of any type.
c. OrthoCarolina reserves the right (but is not obligated) to do any or all of the following:
i. Record the dialogue in public chat rooms.
ii. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
iii. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
iv. Terminate a user's access to any or all Public Areas and/or the OrthoCarolina Site upon any breach of these Terms and Conditions.
v. Monitor, edit, or disclose any communication in the Public Areas.
vi. Edit or delete any communication(s) posted on the OrthoCarolina Site, regardless of whether such communication(s) violate these standards.
d. OrthoCarolina or its licensors have no liability or responsibility to users of the OrthoCarolina Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
OrthoCarolina may provide links to third-party web sites. OrthoCarolina also may select certain sites as priority responses to search terms you enter and OrthoCarolina may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. OrthoCarolina does not recommend and does not endorse the content on any third-party websites. OrthoCarolina is not responsible for the content of linked third-party sites, sites framed within the OrthoCarolina Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. OrthoCarolina does not endorse any product, service, or treatment advertised on the OrthoCarolina Site.
a. To the extent you utilize OrthoCarolina's online payment services, you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of OrthoCarolina's online payment services, including the risk of breach in the security of the communications or transactions you conduct with OrthoCarolina online. OrthoCarolina's online payment services are provided "As Is" without warranty of any kind, whether expressed or implied, including without limitation the implied warranties of merchantability fitness for a particular purpose or otherwise.
b. You are solely responsible for maintaining the confidentiality of your password, and agree that OrthoCarolina will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, call us immediately at the OrthoCarolina Business Services Department at (704) 323-2455. If you use a third party vendor (or distributor) to pay your OrthoCarolina payment and you disclose to such vendor your username, password, account number, OrthoCarolina will not be responsible for the accuracy and timeliness of processing your payment.
d. By accepting these terms and conditions, you acknowledge that OrthoCarolina will initiate an ACH debit or credit card debit to the payment account(s) that you have provided.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
You agree to defend, indemnify, and hold OrthoCarolina, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
a. OrthoCarolina is based in Charlotte, North Carolina in the United States of America with principal offices in Charlotte, North Carolina. OrthoCarolina makes no claims that the Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the OrthoCarolina Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
b. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions - Image, Video, Audio Files, Indemnity, Jurisdiction, and Complete Agreement.
a. You expressly agree that exclusive jurisdiction for any dispute with OrthoCarolina, or in any way relating to your use of the OrthoCarolina Site, resides in the state courts of Mecklenburg County, North Carolina, and in the federal courts in the Western District of North Carolina, Charlotte Division and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving OrthoCarolina or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
b. These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting OrthoCarolina's copyright agent (identified below) and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative. OrthoCarolina's agent for copyright issues relating to this web site is as follows:
Attn: Blair Primis
4601 Park Rd., Suite 250
Charlotte, NC 28209
In an effort to protect the rights of copyright owners, OrthoCarolina maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Thank you for your cooperation. We hope you find the OrthoCarolina.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to firstname.lastname@example.org or via U.S. mail to:
Attn: Blair Primis
4601 Park Rd., Suite 250
Charlotte, NC 28209