The following terms and conditions constitute an agreement between you and Peak Health Surgicare, LLC (collectively, the “Company” – such term shall include its parent company, subsidiaries, employees, agents, and affiliates), the operator of PeakBariatric.com (the “Site”). This agreement (the “User Agreement”) governs your use of the Site, both as a casual visitor and as a registered user, along with your interaction with the Company and any disputes that may arise therefrom.
1. THE SITE IS FOR INFORMATIONAL PURPOSES ONLY
You agree that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you (including Information provided in direct response to your questions or inquiries) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner. The Company provides the Information and other services assisting you in finding treatment options (collectively, the “Services”) but cannot and does not provide medical treatment or advice. The Company provides the Services to you subject to the User Agreement.
2. THE COMPANY DOES NOT PROVIDE YOU MEDICAL ADVICE
The Information that you obtain or receive from the Company, its employees, its contractors, its subsidiaries, its parent, its affiliates, its clients, its licensors, referenced physicians, medical facilities, or otherwise is for informational and scheduling purposes only.
NOTHING CONTAINED ON THIS SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION PROVIDED ON THE SITE OR BY THE COMPANY IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE OR BY THE COMPANY IN ANY WAY IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL ADVICE, THE PRACTICE OF MEDICINE, OR THE PROVISION OF MEDICAL CARE.
THE COMPANY DOES NOT EMPLOY OR CONTROL THE PHYSICIANS LISTED ON THE SITE. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON THE SITE. IF YOU RELY ON ANY OF THE INFORMATION PROVIDED BY THE SITE OR THE COMPANY IN ANY WAY, YOU DO SO SOLELY AT YOUR OWN RISK.
THE INFORMATION PROVIDED IS NOT INTENDED, NOR SHALL IT BE EMPLOYED BY YOU AS, A SUBSTITUTE FOR FACE-TO-FACE CONSULTATION AND EVALUATION TOGETHER WITH YOUR DOCTOR OR HEALTH CARE PROVIDER. IN USING THIS SITE AND OBTAINING INFORMATION FROM THE COMPANY IN ANY MANNER, YOU ASSUME FULL RESPONSIBILTY AND ALL RISK FOR THE APPROPRIATE USE OF THE INFORMATION.
3. NO MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP
YOU CANNOT CREATE A LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BY CONTACTING THE COMPANY, THROUGH THE SITE OR OTHERWISE. THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF CARE, IN RELATION TO THE MEDICAL PROFESSIONALS OR MEDICAL FACILITIES LISTED ON THE SITE. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
THE COMPANY HAS NO CONTROL OVER REFERENCED MEDICAL PROFESSIONALS OR MEDICAL FACILITIES. YOU ARE STRONGLY ADVISED TO PERFORM YOUR OWN INVESTIGATION PRIOR TO SELECTING A HEALTH CARE PROFESSIONAL BY MAKING CONFIRMING TELEPHONE CALLS TO THE APPROPRIATE LICENSING AUTHORITIES TO VERIFY LISTED CREDENTIALS AND EDUCATION, AND TO FURTHER VERIFY INFORMATION ABOUT A PARTICULAR PHYSICIAN OR MEDICAL PROVIDER BY CONFIRMING WITH THE DOCTOR’S OFFICE, YOUR CURRENT PHYSICIAN, THE MEDICAL ASSOCIATION RELATIVE TO THE DOCTOR’S SPECIALTY, AND YOUR STATE MEDICAL BOARD.
4. THE COMPANY DISCLAIMS ALL WARRANTIES
THE COMPANY PROVIDES THE SITE, THE INFORMATION, AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE INFORMATION OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL WARRANTIES ARISING FROM STATUTE, REGULATION, OR COMMON LAW, WITH RESPECT TO THE INFORMATION, THE SERVICES, AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTIBILITY, SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION OR SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
5. YOU AGREE TO LIMIT THE COMPANY’S LIABILTY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS RETURN OF THE PROFITS, IF ANY, THE COMPANY RECEIVED IN EXCHANGE FOR THE INFORMATION AND/OR THE SERVICES. IN NO EVENT SHALL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE, THE SERVICES, OR THE INFORMATION, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF PROFITS, IF ANY, THAT THE COMPANY RECEIVED AS A RESULT OF PROVIDING THE INFORMATION OR THE SERVICES OR (B) $1,000. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION, AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE, PROFESSIONAL NEGLIGENCE, OR CLAIM OF ANY KIND ARISING FROM OR RELATED TO PHYSICIANS, OTHER MEDICAL PROFESSIONALS, OR MEDICAL FACILITIES UTILIZED THROUGH USE OF THE SITE, THE INFORMATION, OR THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
6. USE OF INTELLECTUAL PROPERTY
The information available through the Site is the property of the Company or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws or other proprietary rights and laws. Other names and logos contained in this Site may be trademarks or registered trademarks of their respective owner. Information received through the Site may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, create derivative works, distribute, disseminate, sell, rent, publish, broadcast, modify, or circulate the information owned by the Company or its licensors received through the Site to anyone, including but not limited to others in your organization. Any copy made of information obtained through the Site must include this User Agreement. Use, reproduction, copying, or redistribution of the Company’s logos, other marks, or intellectual property of any kind is strictly prohibited without written permission from the Company. The Company reserves all other rights not granted in this User Agreement.
7. THIRD PARTY LINKS AND INFORMATION
The Site may contain links to third-party websites and other information generated by third-parties. These links and information are provided for your convenience only. The Company does not control the linked websites or the third-party information. The Company is not responsible for the content of any linked website or third-party information. The Company does not endorse any website nor its owner linked through the Site and linking such websites should not be construed as an endorsement of the Company by the owner or owners of the linked websites. Any reference made by the Site to any specific commercial product, process, or service (or provider of such product, process, or service) by trade name, trademark, hyperlink, banner advertisement, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by the Company. Content on the Site may be provided by third-parties. Any opinions, advice, statements, services, offers, or other information expressed or made available by third-parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Company.
8. THE COMPANY MAY REVISE THE USER AGREEMENT
The Company may change the User Agreement at any time, as the Company reasonably deems appropriate. Upon any change in the User Agreement, the Company will post the amended User Agreement on the Site. You will always be able to access the most current version of the User Agreement through the Site. Your continued use of the Site, the Information, and/or the Services following such notification shall constitute your affirmative acknowledgement of the revised User Agreement, the modification and agreement to abide and be bound by the User Agreement, as amended. If at any time you choose not to accept the User Agreement, including following any modifications hereto, then please do not use the Site.
9. ENTIRE AGREEMENT
10. DISPUTE RESOLUTION/WAIVER OF JURY TRIAL
This User Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Texas as applied to contracts made and to be performed entirely within Texas, without giving effect to any applicable conflict of laws analysis. ANY CONTROVERSY, DISPUTE OR CLAIM ARISING OUT OF OR RELATED TO THIS USER AGREEMENT OR YOUR USE OF THE INFORMATION OR THE SERVICES SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION TO BE CONDUCTED BY A SINGLE ARBITRATOR IN DALLAS, TEXAS, PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN APPLICABLE TO THE DISPUTE. BOTH THE COMPANY AND YOU WAIVE ALL RIGHTS, IF ANY, TO A TRIAL BY JURY. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AFFECTS INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT GOVERNS ARBITRATION OF ANY DISPUTES BETWEEN YOU AND THE COMPANY.
The Company may assign this agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. The Company will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense this User Agreement to any one else and any attempt to do so in violation of this section shall be null and void.
12. YOU MUST BE AN ADULT TO USE THE SITE
You must be 18 years of age or older to use the Site, the Information, or the Services. By using the Site, the Information, and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into this User Agreement and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and user’s are responsible for compliance with any local laws applicable to their use of the Services or the Site.
13. LINKING TO THE SITE
The Company permits third-parties to link to the Site under certain conditions. Third-parties cannot link to the Site in relation to the publication or promotion of illegal, obscene, or offensive content or it the link negatively impacts the Company’s reputation in any way. You must first obtain the Company’s permission if you intend to frame the Site or incorporate portions of the Site without clearly citing the source of such content.
14. USER INPUT
You are completely responsible if you input, post, upload, transmit, e-mail, or otherwise distribute anything such as comments, information, data, opinions, research, graphics, messages, and other material (collectively, “User Input”), using the Site or any social media outlets by way of the Site or any of the Company’s social media pages, for such User Input. Neither the Company nor any of its licensors are responsible for consequences of the User Input. Furthermore, you agree that the User Input will not: 1] contain obscene, offensive, defamatory, threatening, harassing, abusive, slanderous, or pornographic material; 2] violate governing law of any type; 3] violate the Company’s or any third-party’s intellectual property rights; 4] embarrass any person or entity as the Company may determine it its sole discretion; 5] harm minors in any way; 6] advertise another business or solicit for business in any way; 7] forge headers or manipulate identifiers to disguise the origin of any content; 8] impersonate any person or entity; 9] interfere or disrupt computers, networks, hardware, or software of the Company or third-parties; 10] harvest or collect information of others; and 11] fail to respect other users’ privacy in any way. You agree that once you convey the User Input in any way, you give the Company an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform, and publicly display the User Input. For example, if you post a comment through the Site or through any of the Company’s social media outlets, you grant the Company the right to display such comment as long as the Company wants. The Company maintains the right to remove any User Input for any reason.