Terms of Use
Terms of Use
READ THE FOLLOWING CAREFULLY BEFORE USING OR ATTEMPTING
TO USE THIS WEBSITE. YOUR USE OR ATTEMPTED USE OF THIS WEBSITE
BINDS YOU TO THESE TERMS AND CONDITIONS.
PLEASE NOTE: IF YOU HAVE OR SUSPECT THAT YOU HAVE
A HEALTH OR MEDICAL PROBLEM OR CONDITION, CONTACT A HEALTHCARE
PROFESSIONAL IMMEDIATELY, OR IN THE CASE OF AN EMERGENCY,
IMMEDIATELY DIAL 911 OR CALL FOR EMERGENCY MEDICAL
ASSISTANCE.
The following terms and conditions ("Terms") apply to and govern
your use or attempted use of, and any access to or through, the
website located at www.baycare.net (the "Site") operated by
BayCare Clinic LLP and BayCare Health Systems, LLC (collectively,
"BayCare").
YOUR USE OR ATTEMPTED USE OF THIS SITE CONSTITUTES YOUR
ACKNOWLEDGEMENT THAT YOU HAVE READ, ACCEPT AND AGREE TO THESE
TERMS. YOU ALSO REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND
POSSESS THE LEGAL RIGHT TO AGREE TO THESE TERMS AND USE THIS SITE.
IF YOU DO NOT AGREE TO THESE TERMS OR ARE NOT AT LEAST 18 YEARS OF
AGE, YOU SHOULD IMMEDIATELY EXIT AND NOT ACCESS, USE OR ATTEMPT TO
USE THIS SITE, AND YOU SHOULD IMMEDIATELY DELETE AND REMOVE FROM
YOUR COMPUTER (AND/OR DESTROY IN CASE OF HARD COPIES) ANY FILES,
DOCUMENTS, PAGES, MATERIAL OR OTHER INFORMATION DOWNLOADED,
PRINTED, COPIED OR ACCESSED VIA THIS SITE.
Your use of this Site is voluntary and at your own risk and
responsibility. This Site would not be made available to you
without the limitations and restrictions set forth herein. As a
result, by your use of this Site you agree that these Terms and the
conditions, restrictions and limitations set forth herein are
reasonable and necessary.
BayCare may revise these Terms at any time by updating this
posting. You should visit this page regularly to review the
then-current Terms because they are binding on you. Your continued
use of this Site constitutes your acceptance of any revised or
updated Terms. BayCare may also, at any time, change, suspend or
discontinue any aspect of this Site, impose limits on certain
features or services or restrict your access to this Site or parts
hereof. All content, features and services contained in or
available through this Site are subject to change without
notice.
Other terms and conditions may apply. Please read and review all
applicable terms and conditions, privacy policies and related
information available through this Site before any use.
BAYCARE DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR
RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, DATA OR OTHER
INFORMATION CONTAINED IN OR AVAILABLE THROUGH THIS SITE. YOU
ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH ADVICE, OPINION,
STATEMENT, DATA OR INFORMATION SHALL BE AT YOUR SOLE RISK. BAYCARE
AND ITS AFFILIATES AND SUBSIDIARIES DO NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE PAGES, DATA, SERVICES, FUNCTIONS, INFORMATION,
STATEMENTS, TEXT, GRAPHICS, CONTENT, LINKS OR ANY OTHER ITEMS
CONTAINED IN OR AVAILABLE THROUGH THIS SITE.
NOTHING CONTAINED IN OR AVAILABLE THROUGH THIS SITE IS OR SHOULD
BE CONSIDERED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, OR AS A
SUBSTITUTE THEREFORE THIS SITE IS NOT, AND SHOULD NOT BE DEEMED TO
BE, ENGAGING IN THE PRACTICE OF MEDICINE OR ANY OTHER MEDICAL OR
HEALTH PROFESSION OR REGULATED ACTIVITY. THE PAGES, DATA,
MATERIALS, SERVICES, FUNCTIONS, STATEMENTS AND INFORMATION
CONTAINED IN OR AVAILABLE THROUGH THIS SITE ARE ONLY INTENDED FOR
GENERAL EDUCATIONAL USE, AND YOU SHOULD ALWAYS OBTAIN THE ADVICE OF
A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING HEALTH OR
MEDICAL QUESTIONS OR CONDITIONS. YOU SHOULD NOT USE OR RELY ON ANY
DATA, MATERIALS, SERVICES, FUNCTIONS, STATEMENTS OR INFORMATION
CONTAINED IN OR AVAILABLE THROUGH THIS SITE TO QUESTION, REFUSE OR
FAIL TO SEEK MEDICAL OR HEALTH ADVICE, DIAGNOSIS OR TREATMENT FROM
A HEALTHCARE PROFESSSIONAL.
This Site and its pages, content, data, materials, services,
functions, statements and information are and shall remain the
exclusive property of BayCare. This Site and its proprietary
materials are protected by applicable copyright laws, trademark
laws, and international conventions and treaties. No portion of
this Site may be downloaded, copied, reproduced, modified, reverse
engineered, decompiled, published, uploaded, posted, transmitted or
distributed in any way without BayCare's prior written consent. All
names and trademarks of BayCare and its affiliates and subsidiaries
are protected. All rights in any trade names, trademarks,
copyrights, works and any other materials contained in or available
through this Site are expressly reserved. Nothing herein shall
grant any express or implied right or license to you with respect
to any copyrights, trademarks, data, services or other materials or
information contained in or available through this Site.
BayCare may monitor your use of this Site and information may be
supplied by or collected from you through this Site for any lawful
reason or purpose. For more information on such practices, please
see the Site Privacy Policy.
THIS SITE AND THE PAGES, MATERIALS, SERVICES, FUNCTIONS,
STATEMENTS AND INFORMATION CONTAINED IN OR AVAILABLE THROUGH THIS
SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. ALL
EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING
WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR
PURPOSE, AND ABILITY TO ACHIEVE A PARTICULAR RESULT.
NEITHER BAYCARE NOR ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF
THEIR EMPLOYEES OR AGENTS, SHALL HAVE ANY LIABILITY WHATSOEVER
RELATED TO YOUR USE OF THIS SITE OR ANY PAGES, MATERIALS, SERVICES,
FUNCTIONS, STATEMENTS AND INFORMATION CONTAINED IN OR AVAILABLE
THROUGH THIS SITE. UNDER NO CIRCUMSTANCES SHALL BAYCARE OR ITS
AFFILIATES OR SUBSIDIARIES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL
OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
BAYCARE DOES NOT WARRANT THAT THIS SITE AND ANY FUNCTIONS,
PAGES, MATERIALS, CONTENT, SERVICES OR INFORMATION CONTAINED IN OR
AVAILABLE THROUGH THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VIRUSES, BUGS OR
OTHER HARMFUL PROBLEMS WILL NOT EXIST. BAYCARE SHALL NOT BE LIABLE
FOR ANY MATTER RELATED TO ANY INTERRUPTIONS, ERRORS, DEFECTS,
VIRUSES, BUGS OR RELATED MATTERS CONTAINED IN OR TRANSMITTED
THROUGH THIS SITE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT, AND BAYCARE WILL
HAVE NO LIABILITY, AND YOU WILL NOT MAKE ANY CLAIM AGAINST BAYCARE
OR ITS AFFILIATES OR SUBSIDIARIES FOR LOST DATA, INACCURATE
RESPONSES OR OUTPUT, DELAYS, OR ANY OTHER MATTER RELATED TO YOUR
USE OF OR INABILITY TO USE THIS SITE.
You agree that you shall not upload, post or transmit to or
distribute or otherwise publish through this Site any materials,
including any that may violate, plagiarize or infringe the rights
of third parties, contain a virus or other harmful component,
contain advertising, or contain false or misleading indications of
origin or statements of fact.
You agree to indemnify, defend and hold BayCare, and all of its
officers, directors, owners, agents, employees, information
providers, affiliates, subsidiaries, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against
any and all liability and costs (including attorneys' fees and
costs) incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of these Terms. You shall
cooperate as fully as reasonably required in the defense of any
claim, but BayCare reserves the right to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you.
You hereby waive all rights to any claim against BayCare for any
alleged or actual infringements of any proprietary rights, rights
of privacy and publicity, moral rights, and rights of attribution
in connection with any communications or information you make to
BayCare in connection with or through this Site.
If, for any reason, a court of competent jurisdiction finds any
provision of these Terms to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to affect the
intent of these Terms, and the remainder of these Terms shall
continue in full force and effect.
This Site may provide links to other websites, and those
websites may not be under the control of BayCare, and BayCare is
not responsible for the contents or accuracy of any linked site or
any link contained in any linked site, and the inclusion of any
link does not imply endorsement of such site. BayCare is not
responsible or liable for the application, admissions, hiring and
employment practices of any linked site. BayCare is not responsible
or liable for access to the services, programs, and institutions of
any linked site. BayCare is not responsible for any misuse of
intellectual property found on any linked site. BayCare is not
responsible for the privacy practices of any linked site.If you are
concerned about the privacy practices of a linked site, please
consult its privacy policy. If you decide to access any of the
third party sites linked to this Site, you do this entirely at your
own risk. You may not create a website that links to this Site
without BayCare's prior written consent.
This Site is controlled by BayCare from its offices within
Wisconsin, and these Terms are entered into in the State of
Wisconsin. BayCare makes no representation that this Site is
appropriate or available for use in other locations, and access
from jurisdictions or territories where this Site's content is
illegal is prohibited. If you access this Site from other
locations, you do so on your own initiative and at your own risk,
and you are responsible for compliance with applicable laws. Any
claim relating to this Site shall be governed by the internal
substantive laws of the United States and the State of Wisconsin,
without regard to choice of laws principles, and all legal
proceedings related to the use of this Site may only be brought in
the state and federal courts in Brown County, State of Wisconsin,
and you submit to the exclusive jurisdiction of such courts.
If you have any questions concerning the terms and conditions of
your use of this Site, please contact the Webmaster at webmaster@baycare.net.