Terms of Use Agreement
and Privacy Policy
The information contained in this web site is not intended
as a substitute for medical professional help or advice but is to be used only as an aid
in understanding current medical knowledge. A physician should always be consulted for any
health problem or medical condition.
When you access, browse or use this web site you accept, without limitation or
qualification, the terms and conditions set forth below ("Terms of Use"). Your
continued use of this site will indicate your agreement to be bound by the Terms of Use
set forth below.
Please read these Terms of Use carefully before using this site. By using this site, you
signify your agreement to all terms, conditions, and notices contained or referenced
herein. If you do not agree to these Terms of Use please promptly exit this site.
Your Right to Use the Site and Its Contents
The Site is only for your use. You may not distribute, exchange, modify, sell or transmit
anything you copy from the Site for any other business, commercial or public purpose. As
long as you comply with these terms of use, you are granted a non-exclusive,
non-transferable, limited right to enter, display and use the site for your personal,
non-commercial use only, provided you keep intact all copyright, trademark, and other
proprietary notices and comply with any applicable end user license agreements. You agree
not to interrupt or attempt to interrupt the operation of this site in any way.
Ownership
All pages that compose the site and any material made available for download, ("the
Content") are the property of Patrick G. Tempera, M.D., P.C. and/or its subsidiaries
and affiliates. Any rights not expressly granted by the Terms of Use or any applicable end
user license agreements are reserved by us.
No Medical Advice
This web site does not provide medical advice. Please do not consider anything you learn
on the site as medical advice. The information you obtain from the site might be
inappropriate for your own situation, or might be misinterpreted. We assume no
responsibility for how you use the information you obtain from this site. Although we
strive to keep our information up to date, medical information changes rapidly, and some
information may be out of date. For advice about your own situation, ask your doctor.
Indemnification
You agree to indemnify, defend and hold Patrick G. Tempera, M.D., P.C. and all of its
agents, directors, employees, and officers, (collectively, "Indemnified
Parties") harmless from and against any and all liability and costs (including,
without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of these Terms of Use or the
foregoing representations, warranties and covenants. You will cooperate as fully as
reasonably required in our defense of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without our
written consent.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS
MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." REGARDING
THE CONTENT OF THE SITE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
(1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE
SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY
INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU
ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR NEGLIGENCE, SHALL WE BE LIABLE
FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED
TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND
FUNCTIONS OF THIS SITE, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR
OTHERWISE), EXCEED $150.00.
Termination
We reserves the right, in our sole discretion, to terminate your access to the web site,
with or without notice.
Site Accuracy
Although we attempt to ensure the integrity and accurateness of the web site, we make no
guarantees whatsoever as to the correctness or accuracy of the site. It is possible that
the site could include typographical errors, inaccuracies or other errors, and that
unauthorized additions, deletions and alterations could be made to the site by third
parties. In the event that an inaccuracy arises, please inform us so that it can be
corrected.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any
message or information you send to this web site may be read or intercepted by others.
Sending a message to us does not cause us to have any special responsibility to you.
Notice To/Regarding Children Under the Age of 13
If you are less than 13 years old you are not permitted to use the Site.
Availability / Liability of Services
The services displayed on the Site may not be available for purchase in your particular
locality. The reference to products and services on the Site does not imply or warrant
that these products or services will be available at any time in your particular location.
Links - From this site to another
This web site provides links to other organizations as a service to our Internet visitors
but we are not responsible for the information provided in other web sites.
Links from this web site to any other site do not mean that we approve of, endorse or
recommend that site. We disclaim all warranties, express or implied, as to the accuracy,
legality, reliability or validity of any content on any other site. We make no
representations whatsoever about any other web site that you may access through this site.
When you access a site from a link on this web site, please understand that it is
independent from us, and that we have no control over the content on that web site.
A hyperlink to a web site does not mean that we endorse or accept any responsibility for
the content, or the use, of the linked site. It is up to you to take precautions to ensure
that whatever you select for your use or download is free of such items as viruses and
other items of a destructive nature. If you decide to access any of the third party sites
linked to this site, you do this entirely at your own risk.
Right to Change These Terms and Conditions of Use or Content on the Site
We may add to, change or remove any part of these Terms and Conditions of Use at any time,
without notice. Any changes to these Terms and Conditions of Use or any terms posted on
this site apply as soon as they are posted. By continuing to use this site after any
changes are posted, you are indicating your acceptance of those changes. We may add,
change, discontinue, remove or suspend any other content posted on this site, including
features and specifications of products described or depicted on the site, temporarily or
permanently, at any time, without notice and without liability.
Breach of Terms of Use
If you breach the Terms of Use, your authorization to use the site automatically
terminates and you must immediately destroy any downloaded or printed materials. Any
unauthorized use of the content may violate copyright laws, trademark laws, publicity law,
and civil and criminal statutes.
Choice of Law and Venue
These Terms of Use are entered into in the State of New Jersey and shall be governed by
and construed in accordance with the laws of the State of New Jersey, exclusive of its
choice of law rules. Each party to these Terms of Use submits to the exclusive
jurisdiction of the state and federal courts in New Jersey, and waives any jurisdictional,
venue, or inconvenient forum objections to such courts. In any action to enforce these
Terms of Use, the prevailing party will be entitled to costs and attorneys fees.
In the event that any of the Terms of Use are held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that these Terms of Use shall otherwise remain in full
force and effect.
Entire Agreement
These Terms and Conditions constitute the entire agreement between us pertaining to the
subject matter hereof. In our sole discretion, we may from time to time revise these Terms
of Use by updating this posting. You agree to periodically visit this section of the site
to review the current Terms of Use, so you are aware of any such revisions to which you
are bound. Certain provisions of these Terms of Use may be superseded by expressly
designated legal notices or terms located on particular pages within this site.
Online Privacy Policy
Your Privacy
We believe that as our Internet site visitor ("you") have a right to know our
practices regarding the information we collect when you visit our web site and what type
of information is collected. The guidelines contained herein only apply to your visits to
our web site.
We do not generally require that you provide us with personally identifiable information
in order to visit and use our web site.
Collection of Information: Cookies and Personal information
For each visitor to our web site, the web server automatically recognizes and stores
information such as the visitor's IP address/Domain name combination. We use this
information to understand visitor traffic patterns through our site for purposes such as
enhancing its usability. Your computer provides this information automatically each time
you log on, unless you've activated blocking technology available in some browsers.
When you visit our web site, we will not use an industry-wide technology called
"cookies" which stores certain information on your computer.
Notice To/Regarding Children Under the Age of 13
Due to the Child Online Privacy Protection Act, children less than 13 years of age are not
permitted to use this web site.
Use and Disclosure of Anonymous Aggregated Information
We may also collect, aggregate and maintain anonymous information about the visitors to
our Web sites, such as visitors' browsing habits. This data can then be used to tailor our
web site content to deliver a better experience for our visitors. In addition, we may also
share such aggregate information about our visitors with business partners.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information collected while it is in
place. We reserve the rights to change this policy at any time, so please re-visit this
page regularly. Changes to this privacy policy are effective at the time they are posted
to this site.
Questions
If you have any questions or comments about our personal information practices or about
this privacy statement, please send us an email at webmaster@temperamd.com. |