Agreement. Acuityhealthcare.net is an Internet-based on-line information and communication service provided by Acuity HealthCare (referred to in this agreement as “we,” “us” or “our”). By accessing or using our website, you agree to be bound by these terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. Your continued use of our website means that you accept these terms and conditions. The following terms and conditions apply to all of our websites, including any websites owned, operated or sponsored by any of our subsidiaries or affiliates.
The information contained in this site is intended solely to provide consumer understanding and knowledge of healthcare topics. This service is for educational purposes only and should in no way be taken to be the provision or practice of medical, nursing, or professional healthcare advice or services. The information provided by this website is not intended to be used to diagnose or treat a medical condition. Always consult a physician with whom you have a doctor-patient relationship regarding any medical condition or treatment. The information obtained from this service is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatments.
Warranty Disclaimer. INFORMATION IN THIS WEBSITE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE INFORMATION CONTAINED IN OUR WEBSITE. ACUITYHEALTHCARE.NET AND ACUITY HEALTHCARE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF ANY COPYRIGHT OR OTHER RIGHT, ACCURACY, OR COMPREHENSIVENESS. IN NO EVENT WILL ACUITY HEALTHCARE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
By merely providing this website, we do not warrant or represent that: the content is complete, accurate, up-to-date, or current; we have any duty to correct or update the content; the content is free from technical inaccuracies or typographical errors; content is free from changes caused by third parties; and your access to our website will be free from interruptions, errors, delays, computer viruses, or other harmful components.
Limitations on Liability. You agree to hold harmless and indemnify Acuityhealthcare.net, Acuity HealthCare, and all affiliated organizations and physicians from any and all claims brought against us arising from your use of this website. You accept an obligation to defend, hold harmless and indemnify us extending to all claims in tort, contract, and otherwise, including without limitation acts of negligence, fault, and direct or contributory infringement on our part. THE PARTIES SPECIFICALLY INTEND THAT THE PROVISIONS OF THIS SECTION SHALL APPLY EVEN IF SUCH PROVISIONS ACT TO EXCULPATE US FROM OUR OWN CONDUCT, INCLUDING NEGLIGENCE.
BY ACCESSING AND USING THIS WEBSITE YOU WAIVE ANY CLAIM YOU MIGHT OTHERWISE HAVE OR MAKE AGAINST US AS A RESULT OF YOUR USE OF THIS WEBSITE AND YOU WAIVE ANY LIABILITY THAT WE MIGHT HAVE (WHETHER SUCH LIABILITY IS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES) FOR ANY SUCH CLAIM, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PHYSICAL OR PECUNIARY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
Website Links. Our website contains links to websites operated by third parties as a convenience to you. We do not represent that we have assessed, in any way, the content of any site to which this website may offer a link, and we do not make any representation or warranty in any respect regarding the accuracy, completeness, or reliability of the content of any such site or any characteristic of its sponsor. We do not control such websites and are not responsible for the content and performance of these sites or for your transactions with them. Inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to access any of the third party sites linked to our website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses, and other items of a destructive nature.
Any website that links to our contents is not endorsed, adopted, authorized, sponsored, affiliated, partner in a joint venture or other partnership with us. We generally are not aware that a third party has linked to our website. A website that links to our website: may link to, but not replicate, our content; should not create a browser, border environment or frame our content; should not imply that we endorse it or its products; and should not present false information about our products or services.
Copyright. All material contained within this website is the sole property of Acuity HealthCare. Any reproduction or redistribution of this material is prohibited without the express written consent of Acuity HealthCare. Any reproduction, transmission, distribution, republication, modification, uploading or posting of materials on this website is strictly prohibited without the prior written approval of Acuity HealthCare. If you violate these provisions, you may be subject to civil and criminal penalties.
Trademarks. The trademarks, service marks, and logos used and displayed on our website are our registered and unregistered trademarks. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. The names Acuity HealthCare, Acuityhealthcare.net or our logo may not be used in any way unless you obtain our written permission in advance.
Usage Rules. You warrant that you will not use this service for any purposes prohibited by law or this Agreement. We reserve the right to deny or restrict access to any part of this service at our sole discretion.
Confidential Information. Do not transmit to or post on our website any confidential or proprietary information. If you transmit to or post on our website any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.
You are not authorized to post on or transmit to or from our website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
Jurisdiction. By using our website you expressly agree that exclusive jurisdiction for any dispute with us or in any way relating to your use, including misuse, of our website, resides in the federal and state courts located in Harris County, Texas. You also expressly consent to the exercise of personal jurisdiction in those courts in connection with any dispute relating to your use, including misuse, of our website.
Governing Law. Any claims relating to our website and its content and materials or usage shall be governed by the law of the State of Texas without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this agreement or the parties’ obligations shall be brought exclusively in a federal or state court in Texas.
Website Information and Content. Please note at any time, there may be typographical information or incorrect information. It is best to verify any information you may believe to be incorrect by calling 419-227-4051 and verifying such information is correct. Please contact CorpComm Group, Inc., the webmaster for any typographical or other errors. Please click here to contact webmaster.
Waiver. Any failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Anything in the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Severability. If any of the above provisions is or becomes illegal, invalid, or unenforceable, or are adjudged by a court or other tribunal of competent jurisdiction not to be enforceable, then any such provision shall be severable and the other provisions shall remain valid and enforceable.
Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to its subject matter.