All of the web pages related to the domain http://www.adventistmedicalgroup.com/ ("AMG Site") constitute an online information and communications service and internet site including images, text, audio and video materials and other data (the "Service") provided by the Adventist Medical Group ("AMG") and third parties. Throughout this Agreement, the Adventist Medical Group is referred to as "AMG," "we," or "us."
1. Your Agreement
AMG is located in the United States of America. AMG makes no claims that the Service is appropriate or may be downloaded outside of the United States. Access to the AMG Site and the Service may not be legal for access and/or use by certain persons or jurisdictions. If you access the AMG Site and the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
2. Access By Minors
If you are under the age of eighteen, you may use the AMG Site only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by the terms of this Agreement. If you are a parent or legal guardian agreeing to this Agreement on behalf of a child under the age of eighteen, you agree that you are fully responsible for access and use of the AMG Site by that child, including any financial charges that the child may incur through use of the AMG Site.
If you are under the age of thirteen, please do not submit any personally identifiable information via the AMG Site.
3. Usernames and Passwords
We may make certain areas of the AMG Site accessible only to users that have a user ID and password. If we do so, and if you obtain a user ID and password, please keep in mind that we will treat anyone who uses your user ID and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your user ID and password. We therefore recommend that you maintain your user ID and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to your use of our Website. We also recommend that you notify us immediately if you suspect that someone is using your user ID and password in this manner. You agree to update your information as necessary to ensure that any information that you provide to AMG or a third-party service provider is accurate and complete.
AMG offers the Service and the AMG Site for general informational and educational purposes only. You acknowledge and agree that the AMG Site and the Service are made available solely for your personal, non-commercial use, and that this Agreement allows only personal, non-commercial use. Any other use is prohibited.
The Service is neither intended as medical advice nor should it be used for diagnosis or treatment of any condition. The Service is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. Should you have any health problems or health related questions, please call or see your physician or other healthcare provider promptly. IF YOU HAVE AN EMERGENCY MEDICAL CONDITION, CALL 911.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON ANY OF THE WEBSITES RELATED TO WWW.GWDOCS.COM, OR ANY OTHER WEBSITE. THE SERVICE AND ANY INFORMATION PROVIDED THROUGH THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF, OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR OTHER HEALTH RELATED SERVICES.
AMG does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be displayed or mentioned on the AMG Site, including any information provided by third-party providers, including information which may be linked to or framed from an external website. You assume full responsibility for any reliance on any such information, and rely on such information solely at your own risk.
5. Intellectual Property Rights
Content available on the AMG Site is protected by applicable copyright, trademark and other national and international laws for the protection of intellectual property. "Content" as used in this section means all text, images, files, software, videos, designs, layouts, color schemes, concepts, methods, techniques, process and data used in connection with, displayed on, or incorporated into the AMG Site.
In particular, AMG and its affiliates are owners of the marks "AMG," "Adventist Medical Group," and the AMG logo, ("AMG marks").
Copying, distribution, performance, commercial exploitation, modification, adding and/or deletion of the Content or parts of it is unlawful, including the integration of Content or parts of it on external websites, for example through interlinks, deep links, or frames.
You may download and reprint a single copy of the Content for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the Content is strictly prohibited without our prior written authorization of the relevant rights holder(s).
6. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials hosted by AMG infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow AMG to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed with AMG against you, the DMCA permits you to send AMG a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the AMG Site should be sent to:
The George Washington University, Medical Faculty Associates, 2150 Pennsylvania Avenue, NW, Suite 10-412, Washington, DC 20037, AMGcopyright@AMG.gwu.edu
You agree that you will not upload, transmit, or post to the AMG Site, and/or use in connection with the AMG Site, any information, materials or data ("Information") that:
* is unlawful, fraudulent, threatening, abusive, slanderous, libelous, defamatory, obscene or otherwise objectionable (as determined in AMG's sole discretion), or actionable;
* violates any intellectual property, privacy, contractual or other right of any person, or divulges any confidential or non-public information about any other person or circumstances
* is a robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the AMG Site;
* impairs the AMG Site's functionality; or
* contains any virus, worm, Trojan horse, defect, date bomb, cancelbot, time bomb or other rogue programming or item of a destructive or otherwise harmful nature, or that is intended to intercept or expropriate any data or personal informationYou further agree NOT to
* restrict or inhibit any other visitor from accessing and/or using the AMG Site, including, without limitation, by means of "hacking" the AMG Site;
* express or imply that any statements you make are endorsed by AMG, without our prior written authorization;
* engage in flooding or spamming;
* modify, adapt, delete, add, create a derivative work, license, translate, sell, reverse engineer, decompile or disassemble any part of the AMG Site, except to the extent allowed by the law;
* remove any trademark, copyright, or other proprietary rights notices on the AMG Site;
* display a name, trademark, logo, or other indicator of ownership displayed on the AMG Site, to the public in a manner reasonably likely to give the viewer the impression there may be a connection between AMG and you, or that disparages AMG or its goods and/or services;
* "frame" or "mirror" any part of the AMG Site without AMG's prior written authorization;
* harvest, collect or compile information about AMG Site visitors without their express prior authorization;
* attempt to defeat any security or encryption technology included in the AMG Site; or
* use the AMG Site or the Service for any unlawful purpose.
7. Modifications to the AMG Site
Please note that information related to the medical field often changes and is subject to various interpretations; moreover, the facts and circumstances of every situation are different.
Even though AMG tries to exercise care in selecting, compiling, arranging and displaying the information on the AMG Site, AMG has no obligation to update such information, or to provide information at all. The information may contain errors, omissions, inaccuracies, or outdated material, and AMG makes no representations or warranties to that effect.
We reserve the right, at any time, to change the AMG Site and/ or the Service, including deleting, adding, modifying and/or discontinuing the Service or any feature on the AMG Site.
We reserve the right to immediately terminate this Agreement, and/or your access to and/or use of the AMG Site, the Service, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, you agree to immediately cease use of the AMG Site and the Service, and you agree to destroy all information and all downloads and copies thereof, whether made under the terms of this Agreement or otherwise. Termination will not terminate liability for any payments due to AMG or any third-party service provider.
9. Monitoring of Website Use
10. Third-Party Links & References
The AMG Site contains linked and framed websites external to www.gwdocs.com.
Links to the AMG Site may also be found on independent third-party websites. AMG has not reviewed all of these websites, and AMG has no control over such websites, any information or other content provided, and products and services offered through such websites.
The AMG Site, the Service, and all other products and services obtained through the AMG Site are provided "as is," and "as available," and without any warranties, either express or implied. To the fullest extent permissible under applicable law, AMG and its affiliates, licensors, advertisers, sponsors and agents (comprehensively "AMG Affiliates") disclaim all warranties, express or implied, including, without limitation, warranties of non-infringement, satisfactory quality, reliability, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from any course of dealing, or usage of trade. Applicable law may not allow the exclusion of certain warranties, so the above exclusions or portions thereof may not apply to you.
Further, AMG Affiliates neither represent nor warrant that
* your access and/or use of the AMG Site or the Service will be uninterrupted, free of errors, or secure;
* the AMG Site, the servers on which the AMG Site is hosted, the Service, or the information and/or data associated with the AMG Site are free of viruses or other harmful elements;
* use of the site will not adversely affect a system from which the AMG Site is accessed.
* your software is sufficient to properly access and/or use the AMG Site
12. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AMG OR ANY OF AMG'S AFFILIATES, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER USER OF THE SERVICE, THE AMG SITE, OR PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE AMG SITE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE, BUSINESS OR PROFITS ARISING OUT OF OR RELATING TO THE SERVICE, THE AMG SITE, OR WEBSITES ACCESSED THROUGH THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO CEASE USING THE SERVICE.
IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE, THEN THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF AMG TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, THE AMG SITE, OR PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE AMG SITE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OR SERVICES OFFERED ON THE RELEVANT SITE.
You agree to indemnify, defend and hold AMG, our affiliates, licensors, advertisers and sponsors, and our and their directors, officers, employees, agents, other representatives, successors and assigns, harmless from and against any and all claims, causes of action, allegations (threatened or pending), damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; and/or (b) your activities in connection with the AMG Site. Should we deem, in our sole discretion, your cooperation to be useful with respect to any claim brought against us by a third party, you agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim otherwise subject to indemnification by you.
14. Jurisdiction and Jury Trial
You expressly and irrevocably agree that exclusive jurisdiction for any dispute with AMG, or any matter relating to the AMG Site or your use of the Service resides in the courts of the District of Columbia. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving AMG, or AMG’s parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. You further agree that the law of the District of Columbia governs this Agreement and any matter arising in connection with this Agreement, without respect to its conflict of laws or choice of laws principles. Both parties hereby expressly waive any right to a jury trial in any such proceeding.
15. Modifications to this Agreement
We reserve the right, at any time, to change the terms of this Agreement. Any changes we make are effective immediately once such changes are available on the AMG Site, or AMG has provided notice thereof. We may provide notice of such changes by posting an updated Agreement setting forth the date of the update.
You agree that by entering, re-entering or continuing to use the AMG Site thereafter constitutes your acceptance of these changes. We advise you to read the information provided on this particular web page frequently to ensure familiarity with the most current version of this Agreement.
16. Binding Effect
This Agreement is binding on you, AMG, and the respective successors and permitted assigns.
You may not assign or transfer, in whole or in part, this Agreement or any of its rights or obligations arising hereunder without the prior written consent of AMG. Any purported assignment without such consent shall be void.
The failure of AMG to enforce at any time the terms and conditions of this Agreement, or the failure of AMG at any time to require your performance of any of the terms and conditions of this Agreement, will not be construed to be a present or future waiver of this Agreement, nor in any way affect AMG's ability to enforce this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
20. Complete Agreement
Except as expressly provided in a particular "legal notice" on the Service, these Terms constitute the entire agreement between you and AMG with respect to use of the Service and the AMG Site and supersedes any and all prior or contemporaneous written or oral Agreements between AMG and you with respect to such subject matter.
The captions contained in this Agreement are inserted only as a matter of convenience or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions.
23. Contact AMG regarding the AMG Site