SOUTHDALE PEDIATRIC ASSOCIATES, LTD
Important note regarding Website Content
The information and content (collectively, “Content”) on this website (the “Website”) is for your general information only. The Content cannot replace the relationship that you have with your health care professionals. The Content on this Website should not be considered medical advice and does not replace consultation with a doctor, pharmacist or other health care professional. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the information on this Website represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, it is always best to confirm information with your health care professionals.
Agreement and Terms.
On-Line Payment. Refunds.
This Website currently includes a feature to permit you to pay invoices on-line. If you submit payment information on-line, you understand and agree that we work with third party entities, such as a payment processor and bank, to process your payment information.
Policy: It is the policy of Southdale Pediatric Associates, Ltd to return all monies that are not due to the practice. These may include overpayments from patients or third-party payers. The Practice is committed to comply with state and federal laws, as well as to minimize the impact that refunds have on receivables.
License to use this Website and Content ownership
Subject to these Terms, Southdale Pediatric Associates, Ltd. grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the Website for the sole purpose of collecting information and related activities. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the Website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights, therein shall remain with Southdale Pediatric Associates, Ltd. and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Website, granting the foregoing licenses or entering into this Agreement.
The Content on this Website may include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
We may terminate this license at any time for any reason. If you breach any of these Terms your license to the Content terminates immediately. Upon the termination of this license you must stop using this Website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
We make no guarantees of the accuracy, correctness or completeness of any Content on the Website, and shall not be responsible for (i) any error or omission arising from the use of such information; or (ii) any failures, delays or interruptions in the delivery of any content or service contained within the Website. You acknowledge that this Website does not render legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice for any situation or problem that you may have.
Restrictions on use of this Website
- not to use this Website or Content in any way not explicitly permitted by these Terms or the text of the Website itself;
- not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use;
- not to misrepresent your identity or provide us with any false information in any information-collection portion of this Website, if any;
- not to take any action intended to interfere with the operation of this Website;
- not to access or attempt to access any portion of this Website to which you have not been explicitly granted access;
- not to directly or indirectly authorize anyone else to take actions prohibited in this section; and
- to comply with all applicable laws and regulations while using this Website or the Content. You represent and warrant that you are at least 18 years of age.
Changes to Content
We may change, add or remove some or all of the Content on this Website at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this Website may not be accurate or up to date.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. SOUTHDALE PEDIATRIC ASSOCIATES, LTD., ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 1.00 (ONE DOLLAR). THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Governing law and statute of limitations
The laws of the State of Minnesota govern these Terms and any cause of action arising under or relating to your use of the Website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with Southdale Pediatric Associates, Ltd., or in any way relating to your use of this Website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Southdale Pediatric Associates, Ltd. or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Website Content; content ownership portions of License to Use this Website and Content Ownership; Restrictions on Use of this Website; Changes to Website Content; NO WARRANTIES; LIMITATION OF LIABILITY; Governing Law and Statute of Limitations; Additional Terms. If any provision of these Terms 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 of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend, indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or Website. You may not transfer or assign any rights or obligations under this Agreement. Southdale Pediatric Associates, Ltd. may transfer or assign its rights and obligations under this Agreement.