Last Updated on April 3, 2009
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
The TUA website offers information about our physicians and services, as well as resources for patients, visiting physicians, and the general public (collectively, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this TOU.
3. NON-COMMERCIAL USE
You acknowledge and agree that the Service is for personal use only. You may copy information from the Service for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service.
4. NOT PROFESSIONAL ADVICE
The contents of the Service, including but not limited to all text, graphics, and images appearing on the Service, are for informational purposes only, and do not constitute professional or medical advice. TUA does not solicit or accept medical information through our website. If you need medical advice or attention, please contact a physician.
5. MODIFICATIONS TO SERVICE
TUA reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that TUA shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
The Service may provide links to other World Wide Web sites or resources. Because TUA has no control over such sites and resources, you acknowledge and agree that TUA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TUA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
7. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Service and the contents thereof are owned by TUA or its licensors. You acknowledge and agree that the Service contains proprietary information that is protected by applicable intellectual property and other laws. Except as expressly authorized by TUA, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TUA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TUA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
b. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TUA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
9. LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT TUA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TUA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. TRADEMARK INFORMATION
“Tennessee Urology” and it’s logo are registered trademarks of TUA (the “TUA Marks”). You agree that you will not display the TUA Marks, or use the TUA Marks in any manner, without the prior written permission of TUA.
12. CHOICE OF LAW AND FORUM
The TOU and the relationship between you and TUA shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. By using the Service, you agree that any controversy or claim arising out of or relating to this TOU shall be brought in the federal and state courts of Knox County, Tennessee, and you agree to waive all jurisdictional and venue defenses otherwise available. TUA controls the Service from its offices within the United States of America, and the Service is intended for use only in the United States of America. TUA does not represent that the materials on this Service are appropriate or made available for use outside of the United States of America.