TERMS AND CONDITIONS OF USE
PLEASE READ THIS AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THIS WEB SITE. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF ANY OF THE WEB SITES OFFERED TO YOU BY PINNACLE ANESTHESIA CONSULTANTS, P.A., D/B/A PINNACLE PARTNERS IN MEDICINE, PINNACLE ANESTHESIA AND PINNACLE PAIN MEDICINE, (ALONG WITH ITS AFFILIATES AND RELATED COMPANIES AND PROFESSIONAL ASSOCIATIONS, “PINNACLE”), INCLUDING THE PINNACLE PARTNERS IN MEDICINE WEB SITE AT HTTP://WWW.PINNACLEPARTNERSMED.COM, THE PINNACLE ANESTHESIA WEB SITE AT HTTP://WWW.PINNACLEANESTHESIA.COM, THE PINNACLE PAIN MEDICINE WEB SITE AT HTTP://WWW.PINNACLEPAINMED.COM, AND OTHER WEB SITES AS MAY BE MODIFIED FROM TIME TO TIME (COLLECTIVELY, THE "SITES"). BY USING ANY OF THE SITES, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DISCONTINUE YOUR USE OF ANY AND ALL OF THE SITES.
1. LIMITED LICENSE
Subject to the terms and conditions set forth in this Agreement, PINNACLE grants you a non-exclusive, non-transferable, limited right to access, use and display the Sites and the materials thereon for your personal, noncommercial use only. You agree that no joint venture, partnership, employment or agency relationship exists between you and PINNACLE as a result of this Agreement or your use of the Sites.
2. MODIFICATION AND TERMINATION
PINNACLE reserves the right to modify these terms and conditions and to modify, add or discontinue any aspect, content, or feature of the Sites. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Sites, via e-mail or any other reasonable means. By using any of the Sites, you agree to be bound by any such revisions. You should periodically visit this page to determine the then current Terms and Conditions of Use to which you are bound.
This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) upon thirty (30) days written notice by any party of its intent to terminate this Agreement; (b) immediately by PINNACLE for any unauthorized access or use by you, including, without limitation (i) concurrent access to secure areas of any of the Sites with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access such areas of the Sites, or (iii) any other access or use of any of the Sites except as expressly provided in this Agreement; or (c) immediately, if in PINNACLE’S sole discretion you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Sites.
Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which PINNACLE may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to PINNACLE and its licensors. Upon termination, you must destroy all materials obtained from the Sites and all copies thereof, whether made under the terms of this Agreement or otherwise.
3. COPYRIGHT, PATENT AND TRADEMARK NOTICE
All trademarks of PINNACLE and all trademarks, service marks and trade names used on the Sites are the property of PINNACLE or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of PINNACLE or the owner of such trademark, servicemark or trade name.
Copyright © 2006 PINNACLE ANESTHESIA CONSULTANTS, P.A., D/B/A PINNACLE PARTNERS IN MEDICINE, PINNACLE ANESTHESIA AND PINNACLE PAIN MEDICINE. All rights reserved. Copying, storage in an electronic storage device, making of derivative works or public display of any text, graphics or displays of this Web site not credited to others is prohibited under penalty of the laws of the United States of America and international treaties without the prior, express written permission of PINNACLE. PINNACLE does not grant permission to anyone to display or distribute this information on the Internet or the World Wide Web. Some areas of this Web site are not available to the general public. Access to these areas without the written authorization of PINNACLE is strictly prohibited.
The trademarks, logos and service marks (hereinafter “Trademarks”) displayed on the Sites are registered or unregistered Trademarks of PINNACLE. Nothing contained in the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Web site without PINNACLE’S prior written approval.
4. RESTRICTIONS ON USE
The Sites are owned and operated by PINNACLE and contain material which is derived in whole or in part from material supplied and owned by PINNACLE and other sources, and is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Sites including code and software ("Material"). You may download Material from the Sites for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Sites, such Material is licensed to you by PINNACLE or its licensors, and neither PINNACLE nor its licensors transfer title to any such Material to you. You agree that you will not alter the presentation or reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information provided on this site in any manner without the prior, express written consent of PINNACLE. Further, you agree that you will not use the information provided on this site for any unlawful purpose. Images of people or places displayed on this Web site are either the property of PINNACLE or used with permission. Any unauthorized use of such images may violate copyright, trademark, privacy, publicity, or communications laws, regulations or statutes. You may link to any page on PINNACLE’S Web site other than the above-mentioned private areas provided that your links do not use any of PINNACLE’S proprietary logos, marks, or other distinctive graphics, video, or audio material. Nor may you link in a manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by PINNACLE or its affiliates; 2) cause confusion, mistake, or deception; 3) dilute PINNACLE’S Trademarks; or 4) otherwise violate state or federal law.
5. SOLICITATION OF OFFERS
Statements made in the Sites concerning the products or services of PINNACLE do not constitute an offer, but are merely solicitations of an offer. References to and information concerning products on the Sites are not complete and must be read in conjunction with the specific information accompanying such products, as the same may change from time to time.
6. DISCLAIMER OF WARRANTY
PINNACLE HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY WEB SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SITES. PINNACLE DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY WEB SITES. THE MATERIALS IN THE SITES AND THE THIRD PARTY WEB SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PINNACLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. PINNACLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PINNACLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITES OR IN THIRD PARTY WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. You assume all risk of errors’ and/or omissions in the Sites, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Sites, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. YOU (AND NOT PINNACLE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN SUCH JURISDICTIONS, PINNACLE’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Certain sites on the Internet carry controversial, sexually explicit or other potentially inappropriate material. Neither PINNACLE nor its officers, directors, partners, agents, information providers or content partners (all of whom for purposes of this Agreement are included within the term "PINNACLE") control or censor the Internet.
The Sites are controlled and operated by PINNACLE from its offices within Dallas, Texas, U.S.A. PINNACLE makes no representation that materials in the Sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THE HEALTH INFORMATION CONTAINED ON THE SITES IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE. IT IS NOT A SUBSTITUTE FOR DIAGNOSIS OR TREATMENT, NOR IS IT A GUARANTY OF ANY OUTCOME OR CURE. PLEASE CONSULT WITH YOUR HEALTHCARE PROVIDER FOR SPECIFIC MEDICAL ADVICE. HEALTH INFORMATION PRESENTED ON THE SITES IS NOT INTENDED TO, AND DOES NOT, CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND ANY PINNACLE PHYSICIAN OR YOU AND ANY OTHER PHYSICIAN OR HEALTHCARE PROVIDER. DESCRIPTIONS OF MEDICAL PROCEDURES DEPICTED ON THE SITES ARE INTENDED TO BE GENERAL DESCRIPTIONS ONLY AND NOT ANALYSES OF THE LIKELY OUTCOMES OR RISKS INVOLVED IN ANY PARTICULAR CASE.
Any investment information provided by PINNACLE to its users is not intended to provide investment advice. PINNACLE does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, the views, opinions or recommendations on the Sites, advocate the purchase or sale of any security or investment, or the use of any particular trading strategy.
7. DISCLAIMER OF LIABILITY
IN NO EVENT SHALL PINNACLE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PINNACLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PINNACLE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. FURTHER, PINNACLE SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION SERVICES PROVIDED BY OR KNOW-HOW OR OTHER INFORMATION CONTAINED WITHIN THE SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY. PINNACLE SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOST DATA, USE, PROFITS, SAVINGS OR GOODWILL THAT RESULTS FROM USE OF OR INABILITY TO USE INFORMATION OR SOFTWARE CONTAINED WITHIN THE SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN SUCH JURISDICTIONS, PINNACLE’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless PINNACLE, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Sites; (c) any noncompliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Sites, including the information obtained through the Sites.
9. FORWARD LOOKING STATEMENTS
Certain statements contained within the Sites may constitute “forward-looking statements” within the meaning of the federal securities laws. These statements are subject to certain risks and uncertainties that could cause actual results to differ materially from PINNACLE’S expectations.
If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts, or other information of any kind (collectively, the "Information"), the Information shall be deemed, and shall remain, the sole and absolute property of PINNACLE. None of the Information shall be subject to any obligation of confidence on the part of PINNACLE, and PINNACLE shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, PINNACLE shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
12. GOVERNING LAW
This Agreement 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. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the site contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or accrued. Further, all proceedings arising out of, in connection with, pursuant to, or incident to this Agreement or through use of the service, product, or information provided through or referenced herein shall be brought exclusively in the county, state, or federal courts located in Dallas County, Texas. You expressly agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You expressly waive any claim of lack of jurisdiction or improper venue in any legal proceeding arising out of, in connection with, pursuant to, or incident to this Agreement or through use of the service, product, or information provided.
13. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Web site are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of PINNACLE’S proprietary rights in them.
14. INTEGRATION AND SEVERABILITY
This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter relating to the subject matter herein and shall not be modified except in writing, signed by both parties. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of PINNACLE. Any assignment other than as provided for in this Section shall be null and void, ab initio.
PINNACLE enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, please contact the PINNACLE [Chief Financial Officer or Chief Executive Officer] at:
PINNACLE ANESTHESIA CONSULTANTS, P.A.
13601 Preston RD, Suite 900W
Dallas, Texas 75240
Revised May 15, 2006