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| Terms of Use |
| The
following Disclaimer/Terms of Use apply when one
views or otherwise uses the web site located at
www.drsears.net ("Site"). |
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No Doctor-Patient
Relationship. Use of this site does
not create a doctor-patient relationship between
the user and the Douglas Sears, M.D., a Professional
Corporation, its directors, officers, shareholders
and any associated subsidiaries or affiliates.
Use of this site does not create a doctor-patient
relationship between the user and the Douglas
Sears, M.D, in an individual capacity. The
information on this site does not convey medical
advice of any kind.
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Privacy.
Use of this Site constitutes consent to the
privacy policy posted from time to time on
this Site. Any communication or material you
transmit to the Site by electronic mail or
otherwise, including any data, questions,
comments, suggestions, or the like is, and
will be treated as, non-confidential and non-proprietary.
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Copyright Notice.
Everything at this Site is copyrighted unless
otherwise noted.
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Prohibited Actions.
You agree not interrupt, or attempt to interrupt,
the operation of the Site in any way. Unauthorized
use or modification of any information stored
on the Site will result in criminal and/or
civil prosecution under Federal, State and
local law. This site may not be used for anything
other than a lawful and legitimate purpose.
You agree not to use the Site to carry out
any unauthorized alteration of any data or
information on the Site or to conduct any
activity that infringes on any, patent, trademark,
service mark or other rights of any person
or entity. You shall not restrict or inhibit
any other user from using and enjoying any
service conducted on the Site. We reserve
the right to limit or deny your access to
the Site or take other appropriate action
if you violate any provision of these Terms
of Use or if you conduct any activity that
violates the rights of any person or entity,
or which we in our sole discretion deem unlawful,
offensive, threatening, abusive or potentially
harmful or malicious.
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Hypertext Links.
Where we provide hypertext links
from or to third party sites we do so for
convenience and information purposes only.
We do not review, endorse, approve or control,
and are not responsible for any sites linked
from or to the website, the content of those
sites, the third parties named therein, or
their products, resources or services. Linking
to any other site is at your sole risk and
we will not be responsible or liable for any
damages in connection with linking, and we
accept no liability nor make any endorsement
or approval of the same.
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E-mail Communications.
Information transmitted electronically via
the worldwide web cannot be guaranteed to
be secure. E-mail communications are subject
to interception by third parties who may be
under no obligation to keep such communication
confidential. Thus, do not transmit sensitive
or confidential information via an e-mail
message, unless it is adequately encrypted.
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Email May Not Be
Used to Provide Notice. Communications
made through the Site's E-mail does not constitute
legal notice to Douglas Sears, M.D., a Professional
Corporation, or any of its directors, officers,
employees, agents, representatives, subsidiaries
or affiliates, such as where notice to the
Douglas Sears, M.D., a Professional Corporation
is required by contract, or any federal, state
or local laws, rules or regulations.
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Disclaimer of Warranties.
THIS SITE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. DOUGLAS
SEARS, M.D., A PROFESSIONAL CORPORATION DOES
NOT GUARANTY THE ACCURACY, COMPLETENESS, TIMELINESS,
RELIABILITY, SUITABILITY OR USEFULNESS OF
ANY PORTION OF THE SITE. DOUGLAS SEARS, M.D.,
A PROFESSIONAL CORPORATIONDOES NOT WARRANT
THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR
FREE, THAT ANY SPECIFIC INFORMATION THAT IS
REQUESTED WILL BE PROVIDED OR THAT THIS SITE
OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL ELEMENTS. DOUGLAS
SEARS, M.D., A PROFESSIONAL CORPORATION AND
ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION
OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE SITE OR THE MATERIALS, INFORMATION
AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED ON OR ACCESSED THROUGH THE SITE, FOR
ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS
TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THROUGH THE SITE OR ANY LINKED
SITE. DOUGLAS SEARS, M.D., A PROFESSIONAL
CORPORATION HEREBY SPECIFICALLY DISCLAIMS
ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS,
GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
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Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL DOUGLAS SEARS,
M.D., A PROFESSIONAL CORPORATIONOR ANY ASSOCIATED
SUBSIDIARIES OR AFFILIATES. BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE
ON INFORMATION OBTAINED THROUGH THIS SITE.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS
SITE. IN NO EVENT SHALL DOUGLAS SEARS, M.D.,
A PROFESSIONAL CORPORATIONPARTIES BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR RELATING TO THE SITE OR THIS AGREEMENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL
OR OTHER DAMAGES, IN SUCH JURISDICTIONS DOUGLAS
SEARS, M.D., A PROFESSIONAL CORPORATION'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THIS SITE IS TO STOP USING THIS SITE.
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Indemnification.
You agree to make Douglas Sears, M.D., a Professional
Corporation whole for any and all claims,
losses, liabilities, and expenses (including
attorneys'' fees) arising from your use of
the Site or any violation of this Agreement.
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Applicable Laws;
Venue. Any action arising out of
or related to the access, use, content, or
existence of this Site shall be filed only
in the appropriate state or federal court
located within the State of California. The
access, viewing or use of this Site constitutes
the user's express permission and consent
to the jurisdiction of the state and/or federal
courts of the State of California for purposes
of such actions.
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Modification of
Terms and Conditions of Use. Douglas
Sears, M.D., a Professional Corporation may
at any time revise these Terms and Conditions
by updating this posting. You are bound by
any such revisions and should therefore periodically
visit this page to review the current terms
and conditions to which you are bound.
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