AGREEMENT BETWEEN USER AND Provider Network Holdings, LLC
The Provider Network Holdings website is comprised of various web pages operated by Provider Network Holdings, LLC and/or its affiliates (collectively “Provider Network Holdings”).
The Provider Network Holdings website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms of Use”). Please read the following information carefully before accessing the website. If you do not agree to be bound by these Terms of Use, promptly exit this website. Your use of the Provider Network Holdings website constitutes your agreement and acceptance to all the terms and conditions of this Terms of Use.
MODIFICATION OF THESE TERMS OF USE
Provider Network Holdings reserves the right to change the terms, conditions, and notices under which the Provider Network Holdings website is offered, including but not limited to the charges associated with the use of the Provider Network Holdings website.
LINKS TO THIRD PARTY SITES
The Provider Network Holdings website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Provider Network Holdings and Provider Network Holdings is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Provider Network Holdings is not responsible for webcasting or any other form of transmission received from any Linked Site. Provider Network Holdings is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Provider Network Holdings of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Provider Network Holdings website, you warrant to Provider Network Holdings that you will not use the Provider Network Holdings website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Provider Network Holdings website in any manner which could damage, disable, overburden, or impair the Provider Network Holdings website or interfere with any other party’s use and enjoyment of the Provider Network Holdings website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Provider Network Holdings website.
USE OF COMMUNICATION SERVICES
The Provider Network Holdings website may contain bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
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Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
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Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes or chain letters.
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Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
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Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communication Services.
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Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
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Violate any applicable laws or regulations.
Provider Network Holdings has no obligation to monitor the Communication Services. However, Provider Network Holdings reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Provider Network Holdings reserves the right to terminate access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Provider Network Holdings reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Provider Network Holdings’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your family in any Communication Service. Provider Network Holdings does not control or endorse the content, messages or information found in any Communication Service and, therefore, Provider Network Holdings specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Provider Network Holdings website administrators, managers and hosts are not authorized Provider Network Holdings spokespersons, and their views do not necessarily reflect those of Provider Network Holdings.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
COPYRIGHT
All material on this web site, and the files associated with it, are copyrighted by Provider Network Holdings through the United States Copyright Office or are used with express permission of the original creator of the material. It is protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this web site is in the public domain. You may not download, copy, reproduce, redistribute, republish, publicly display, post, or transmit material on this web site unless expressly permitted, and then only the designated material.
TRADEMARK
All trademarks, service marks, and logos (“Trademarks”) displayed and used in this website are the property of Provider Network Holdings, all of which are registered with the United States Patent and Trademark Office. Nothing contained within the web site should be construed as granting any right or license to use any of the Trademarks without the written permission of Provider Network Holdings. All permission not expressly granted is prohibited.
NO MEDICAL ADVICE GIVEN
The information on this website is for informational purposes only and is not intended as a substitute for medical professional help, advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. Nothing in this web site is intended as a recommendation or endorsement of any specific tests, products, procedures, companies, opinions, or other information that may be mentioned in this website. Any reliance on any information provided by the website personnel, others appearing on the website at the invitation of the website and/or other visitors to the website is solely at the user’s risk. Information on this website is not intended to create any provider-patient relationship.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Provider Network Holdings website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Provider Network Holdings may make improvements and/or changes in the Provider Network Holdings website at any time. Provider Network Holdings makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Provider Network Holdings website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Provider Network Holdings hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Provider Network Holdings be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Provider Network Holdings website, with the delay or inability to use the Provider Network Holdings website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Provider Network Holdings website, or otherwise arising out of the use of the Provider Network Holdings website, whether based on contract, tort, negligence, strict liability or otherwise, even if Provider Network Holdings has been advised of the possibility of damages. If you are dissatisfied with any portion of the Provider Network Holdings website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Provider Network Holdings website.
TERMINATION/ACCESS RESTRICTION
Provider Network Holdings reserves the right, at its sole discretion, to terminate your access to the Provider Network Holdings website and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, the Terms of Use contained herein are governed by the laws of the State of Texas in all disputes arising out of or relating to the use of the Provider Network Holdings website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Provider Network Holdings as a result of this Terms of Use or use of the Provider Network Holdings website. Provider Network Holdings’ performance of this Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of Provider Network Holdings’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Provider Network Holdings website or information provided to or gathered by Provider Network Holdings with respect to such use. If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between the user and Provider Network Holdings with respect to the Provider Network Holdings website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Provider Network Holdings with respect to the Provider Network Holdings website. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.