Terms of Use

TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. SurgeryConcerns.com is an internet-based online information and communication service serving consumers seeking health information. The information provided in this site is for the purpose of educating customers on the health topic of their choice and is not intended to be instructional for medical diagnosis or treatment. By accessing or using SurgeryConcerns.com, you agree to be bound by the terms and conditions of this online services agreement (as modified from time-to-time, the "Agreement"). If you do not agree to abide by this Agreement, do not use the site or download materials from the site. SurgeryConcerns.com may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you. Your continued access or use of SurgeryConcerns.com after any such modification shall be deemed your conclusive acceptance of the modified Agreement. STATEMENT OF POLICY: SurgeryConcerns.com, Inc. ("SurgeryConcerns" or the "Company") maintains this Internet site (the "Site") as a service to the Internet community. The content (images and text) is the property of the Company. You may download the content only for your personal, non-commercial use. The content may not be otherwise copied and/or modified. The Company will use reasonable efforts to include accurate and up-to-date information, but makes no warranties or representations as to its accuracy or completeness. The Company shall not be liable for damages of any kind arising out of your access or inability to access the Site or your reliance on the information contained within the Site. Clicking on certain links within SurgeryConcerns.com will take you to other Web sites for which the Company takes no responsibility. The Company collects information that can identify you only when it is voluntarily offered. The Company uses this information in accordance with its privacy policy, which is located on the Site. The Company may request personal information when you sign up for our services, including your name, email address, and other information in order to provide you with a personalized program. We will not disclose any of your personal information unless you authorize us to do so, the law requires it, or to protect the rights or property of the Company. The Company reserves the right to withdraw or modify any information or services provided at this site or change the Terms and Conditions at any time. NO MEDICAL ADVICE: THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of the Site such as text, graphics, images, information obtained from the Company's licensors and contractors, and other material ("Content") contained on the Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay obtaining such because of something you have read on the Site or other purely informational Web Sites! The Content is solely for the purpose of educating consumers. Nothing contained in the Site is intended to be instructional for medical diagnosis or treatment. The Material should not be considered complete, nor should it be relied on to suggest a course of medical treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained from the Site is not exhaustive and does not cover any medical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment. SurgeryConcerns does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on the Content or any other information provided by SurgeryConcerns, SurgeryConcerns employees or contractors, others appearing on the Site at the invitation of the Company, or other visitors to the Site is solely at your own risk. DISCLAIMER: The use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium, which is beyond the control and jurisdiction of the Company, its licensors, contractors and suppliers. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. SurgeryConcerns cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. SurgeryConcerns does not warrant or guarantee that the functions or services performed in the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Users of the Site are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to the Site for the reconstruction of any lost data. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SITE OR THE CONTENT IS AT YOUR SOLE RISK AND THAT THE COMPANY IS NOT IN ANY WAY LIABLE FOR LOSS OF DATA OR ANY OTHER DAMAGE TO YOUR HARDWARE OR SOFTWARE ARISING IN ANY WAY OUT OF THE USE OF THE SITE OR ANY OF THE CONTENT. The Site and the Content are provided on an "as is" basis. SURGERYCONCERNS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIAL ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SURGERYCONCERNS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIAL OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SurgeryConcerns reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. SurgeryConcerns may make any other changes to the Site, the Content and the products, programs, services or prices (if any) described in the Site at any time without notice. LIMITED LICENSE: The Content is copyrighted as a collective work under the laws of United States and other copyright laws. The Company holds the copyright in the collective work. The collective work includes works that are the property of contractors, licensors and other third-party information providers and which are also protected by copyright and other intellectual property laws. Subject to the terms and conditions set forth in this Agreement, the Company grants you a non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the Content solely for your personal and non-commercial use. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. This authorization is not a transfer of title in any of the Content. Except as expressly permitted herein, you agree not to use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Content or any portion thereof. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including the Content, is copyrighted and protected by United States and other copyright laws. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content or any portion thereof. Except as expressly provided herein, the Company does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. INFORMATION PROVIDED BY YOU: Any non-personal information, communications or material you send to the Company by Internet electronic mail are on a nonconfidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. The Company reserves the right to use comments provided by participants on the Company bulletin boards, chat rooms or other mediums as part of our promotion and marketing. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose the Company deems necessary or useful. Any information you send to the Company must be truthful, legal, and not violate the rights of others. By submitting communications or content to any part of this Site, you warrant that you have the right to transmit such information and agree that such submission is non-confidential for all purposes. ON-LINE COMMUNICATIONS: Your participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by SurgeryConcerns. SurgeryConcerns cannot and does not screen content provided by you or any other user of the Site. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts or merchants appearing on SurgeryConcerns.com are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company. You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use the Site as permitted by this Agreement and applicable law. The Company does not and cannot review all communications and materials posted or uploaded to the Site and is not responsible for the content of these communications and materials. ADVERTISEMENTS AND OTHER SITES: As a convenience to you, the Company may provide, on the Site, links to Web sites operated by other persons or entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SurgeryConcerns does not endorse the content on any third-party websites. SurgeryConcerns is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. SurgeryConcerns does not endorse any product advertised on the Site. PRIVACY POLICY: Our Web site Privacy Policy is located on the Site. INDEMNIFICATION: You agree to indemnify, defend and hold harmless SurgeryConcerns.com and its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement or misuse of the Site including, without limitation, (i) posting material that infringes on the intellectual property rights of others; (ii) posting material that is abusive, unlawful, defamatory, obscene or otherwise offensive; or (iii) conduct that exposes SurgeryConcerns or its employees, contractors or licensors to any liability of any type. WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither SurgeryConcerns nor its employees, contractors, licensors, agents, information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of SurgeryConcerns.com. You hereby release and forever waive any and all claims you may have against SurgeryConcerns, its employees, contractors, licensors, agents, information providers or suppliers for losses or damages you sustain in connection with your use of the Site. Notwithstanding the foregoing paragraph, the total liability of SurgeryConcerns.com and its officers, directors, employees, agents, information providers and suppliers, if any, for losses or damages shall not exceed the fees, if any, paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of SurgeryConcerns.com are hereby excluded even if SurgeryConcerns.com or its employees, contractors, licensors, agents, information providers or suppliers have been advised of the possibility of such damages. General: The Site is controlled and operated by the Company from its offices within the state of Texas, United States of America. The Company makes no representation that the Site or any of the Content is appropriate or available for use outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use or export any of the Content in violation of U.S. export laws and regulations. Any claim relating to the Site or any of the Content shall be governed by the substantive laws of the State of Texas, U.S.A., without giving effect to any principles of conflicts of laws. You expressly agree that any dispute with the Company or any claim in any way relating to the Agreement, the Content or your use of the Site shall be governed by the substantive laws of the State of Florida, U.S.A., without giving effect to any principles of conflicts of laws. The parties hereby consent to the exclusive jurisdiction and venue in the state or federal courts located in San Antonio, Texas, U.S.A. in connection with any action or dispute arising out of the Agreement or your use of the Site including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, licensors, telecommunication providers and content providers. The parties further agree to waive their right, if any, to a trial by jury. If any provision of the Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term. COMPLETE AGREEMENT: Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions constitute the entire agreement between you and SurgeryConcerns with respect to the use of the Site and Content. Your use of the Site is also subject to the SurgeryConcerns Privacy Policy. Thank you for visiting the Site. We hope you find the Site helpful and convenient to use! Questions or comments regarding the Site should be emailed via the contact form on the site.