Overview:
This
World Wide Web site with its home page hereinafter referred to as Website
is an information service provided by Dipti Bavishi, M.D., PA,
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.
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.
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.
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.
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
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
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.
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).