SurgTalk®
SurgTalk terms of service
PLEASE READ THIS DOCUMENT CAREFULLY.
Surgtalk, Inc. ("Surgtalk," "we," "us, " or "Company") provides an online
information platform located at www.surgtalk.com with related mobile applications, desktop applications or websites
("Site" or "Services"). By accessing the Site in any way, you ("User," "you") accept these Terms of Service ("Agreement" or "Terms"),
which forms a binding agreement between you and Company. You should also read and understand the Company Privacy Policy which is ncorporated
by reference into this Agreement and is available at www.surgtalk.com/privacypolicy. Certain features of the Services may be subject to additional guidelines, terms, or rules, which
will be posted on the Site in connection with such features. All such additional terms, guidelines,
and rules are incorporated by reference into these Terms.
Prior to using the Services, it is important for you to know and understand that by visiting the Site and/or using the Services, you are agreeing to accept certain liability limitations
and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Services is at your own risk, and we do not assume any liability, or make
any warranties of any kind, express or implied, with respect to the Services or your use of the Services.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR SERVICES.
By using the Services, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Services and terminate your account. Please contact us with any questions regarding this Agreement.
1. USER'S REPRESENTATIONS AND WARRANTIES.
COMPANY IS PRIMARILY AN EDUCATIONAL TOOL AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE; IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY, OR ANY OTHER ILLEGAL OR NEGLIGENT MANNER BY LICENSED DOCTORS AND OTHER PERSONS (COLLECTIVELY, “UNAUTHORIZED PURPOSES”). BECAUSE COMPANY HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE SITE, SERVICES OR APP FOR SUCH PURPOSES NOR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF COMPANY'S SITE, SERVICES, AND APP FOR SUCH UNAUTHORIZED PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTH PROFESSION(S).
This Agreement does not create, between you and Company, a business associate relationship, as defined in the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and regulations promulgated thereunder by the U.S. Department of Health and Human Services. Therefore, you must not disclose to Company any information which may constitute Protected Health Information as defined in the Privacy Rule associated with HIPAA. You represent and warrant that you will not disclose any such information in your possession to Company through your use of the Sites and Services.
National, Provincial, State and Federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain confidential patient information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent.
You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and require all persons or entities under your direction or control to comply with such laws, including the Privacy Policy. You are at all times solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information that you transmit, store, or receive in connection with the Site, Services, App and any third party site.
We cannot and expressly do not assume any responsibility for your use or misuse of patient information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the site, services, app or collective content. We reserve the right to amend or delete any collective content (along with the right to revoke any Membership (as defined in Section 5.1.2. of this Agreement) or restrict access to the site, services, app or collective content) that we determine in our sole discretion violates the above. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of patient information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.
Your representations, warranties, and obligations in this section survive termination of these Terms.
Reporting Violations/Non-Compliance. Ethical breaches and noncompliance must be reported. You should only report concerns or suspected violations if you are doing so in good faith.
If you report a concern or violation, you should provide accurate, complete information to permit a thorough investigation or response. Omissions or errors in the initial data reported (who/what/when/where) may cause a delay in the case intake process and/or may delay or negatively impact the case assignment and/or investigation process.
Company promptly investigates all reports of ethical violations or non-compliance and determines if there has been a violation. Concerns that are found to have significance are addressed with appropriate corrective action.
2. GENERAL DISCLAIMERS.
Company provides the Services on an "as is" and "as available" basis. You therefore use the Services at your own risk.
Company expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, Company makes no representations or warranties:
(i) That the Services are suitable for you;
(ii) Regarding the adequacy or safety of the Services for any particular user;
(iii) That the Services will meet your personal needs;
(iv) That the Services will be permitted in your jurisdiction;
(v) That the Services will be uninterrupted or error-free;
(vi) Concerning any content submitted by any Member (as defined in Section 5.1.2. of this Agreement);
(vii) Concerning any third party's use of content that you submit;
(viii) That Company will continue to support any particular feature of the Services; or
(ix) Concerning sites and resources outside of the Services, even if linked to from the Services.
Company reserves the right to modify the Services.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services.
Company has no obligation to screen or monitor any content and does not guarantee that any content made available on the Services complies with this Agreement or is suitable for all users.
Company shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Company content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period.
3. LIMITATION OF LIABILITY.
To the fullest extent permitted by law:
(i) in no event shall Company, or its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and
(ii) Company, and its affiliates' total liability to you shall not exceed the amounts paid by you to Company over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SITE OR SERVICES.
4. PRIVACY.
Your privacy rights are set forth in our Company Privacy Policy which forms a part of this Agreement. Please review Privacy Policy to learn about:
(i) What information we may collect about you;
(ii) What we use that information for; and
(iii) When and with whom we share that information.
Consent to Email and Text Messages. When you become a Member, you agree and consent to receive email and text messages from us. These emails and text messages may be transactional or relationship communications relating to the Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners. You may unsubscribe from emails and/or text messages at any time by clicking unsubscribe at the bottom of the email or texting STOP in response to the text message you received.
5. MEMBERSHIP PROVISIONS.
Registration. To fully use the Services, you must register as a Member by:
(i) providing a password, valid email address and valid credit card information, or
(ii) using the available single sign-on via Facebook or Google and by providing valid credit card information.
You must provide complete and accurate registration information to Company and notify us if your information changes.
For the purposes of this Agreement, "Member" means a paid account-holding user of the Site or Services and "Subscription" means the paid use of the Site or Services.
Non-Commercial Use. Use of the Site and Services is for personal, non-commercial uses only. Members may not use the Services in connection with any commercial endeavors, such as
(i) advertising or soliciting any user to buy or sell any products or services; or
(ii) for commercial purposes.
Users of the Site may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.
Organizations, companies, and/or businesst use the Site or Services for any commercial purpose unless expressly authorized by Company.
Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password.
If you are using a computer that others have access to, you must log out of your account after using the Services.
If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at members@surgtalk.com.
6. PAYMENTS.
Auto billing; Subscription Fees; Free Trial Terms. The Services is a paid, auto-renewing subscription service ("Subscription"). By purchasing a Subscription or accepting our free trial offer ("Free Trial"), you are agreeing to automatic recurring billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue until cancelled.
Our Free Trial offer grants you license to access the Services for the stated period of the Free Trial ("Free Trial Period"). At the conclusion of the Free Trial, the Subscription begins and payment will be due in connection therewith.
If you sign up for a Subscription with a Free Trial, your Subscription period begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your Free Trial, you will begin to be billed automatically each month until you cancel. Once we begin to bill you, cancellations take effect starting at the end of your current billing period, meaning there are no partial month refunds or credits. If you cancel your Free Trial at any time during the Free Trial Period, you will not be charged.
Following your sign-up you will be billed automatically each month (about every 30 days) until you cancel. If you cancel your Subscription at any time, your account will remain active through the end of your last month’s subscription fees paid.
These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment. In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically the lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
Cancellation. If you do not wish for your account to renew automatically you can cancel your Subscription by emailing info@surgtalk.com with the subject title "Cancel Subscription". Include the email address associated with your account in the body of the email.
Your cancellation will take effect at the start of the next billing cycle. So, for example, if you have a Subscription that began on the first of the month but cancel midmonth, your cancellation will take effect as of the beginning of the following month. There are no refunds on Subscriptions for billing periods that have already lapsed.
Service Add-Ons; Auto Billing; Coaching; Subscription Fees; Free Trial; and Cancellation We refer to any additional, paid Services we offer beyond a standard Membership as an "Add- On Service." Each Add-On Service is a separate service and is subject to additional one-time or monthly fees.
If the Add-On Service is a subscription service it will automatically renew just like your regular Membership. Before agreeing to an Add-On Service, you will be prompted with (i) the type of Service being offered; and (ii) the one-time or monthly cost for such Add-On Service.
Note: if You purchase an Add-On Service, You are agreeing to an additional onetime or monthly automatic (recurring) fee, and agree to pay the charges made to your account in connection therewith, as disclosed at the time You accept the Add-On Service.
If the Add-On Service is a monthly Service, you are billed on the same day as Your regular Membership, in one combined payment. You can cancel the Add-On Service at any time by following the instructions above ("5.2. Cancellation").
Note that Your Add-On Service subscription is separate from your regular Membership, although we will combine the charges each month when we bill You. You can cancel one or both at any time, but canceling your regular Membership will automatically cancel your Add-On Service.
If the Add-On Service is a one-time event or purchase you are billed immediately when you purchase the service, using the payment information you have on file with Company. There are no refunds if the Add-On Service you are billed for is a one-time event or purchase.
Quarterly and Annual Subscriptions. In certain circumstances, we will offer Subscriptions for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3-month Subscription, your Subscription will automatically renew for three months; 6-month subscriptions will automatically renew for six months, and so on).
The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term.
You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions above.
Authorization. When you sign up for our Services and provide a payment method to Company you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Services.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE SERVICES, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above.
7. CHANGES.
Company may change, modify, add, remove, suspend, cancel or discontinue any aspect of it Subscriptions including the functionality, content, and/or availability of any features of such Subscriptions at any time in Company's sole discretion.
Company may increase its fees for any Subscription effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your Subscription, you will be deemed to have accepted the new fees.
8. TERM AND TERMINATION; ACCOUNT DELETION.
Term. This Agreement begins on the date you first use the Services and continues as long as you have an account with us.
Canceling Your Subscription. Please refer to the "Cancellation" section found at 5.2. for instructions regarding how to cancel your Subscription.
Account Deletion. You may delete your account at any time. We reserve the right, but are under no obligation, to delete an account from the Services at any time, including without limitation immediately when payment expires, is withdrawn or otherwise ceases.
Termination For Breach. Company may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Company determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Company's reputation or goodwill.
If Company deletes your account for the foregoing reasons, you may not re-register for the Services. Company may block your email address and Internet protocol address to prevent further registration.
Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your Membership or Subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Effect of Termination/Account Deletion. Upon termination, all licenses granted by Company will terminate. Sections 1-3, 8, and 11-17 shall survive termination.
In the event of account deletion for any reason, content that you submitted may no longer be available. Company shall not be responsible for the loss of such content.
9. CONTENT RESTRICTIONS.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
(i) Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
(ii) Contains sexually explicit content or pornography;
(iii) Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
(iv) Advocates harassment or intimidation of another person;
(v) Exploits minors;
(vi) Depicts unlawful acts or extreme violence;
(vii) Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
(viii) Depicts animal cruelty or extreme violence towards animals; or
(ix) Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
10. CODE OF CONDUCT AND PROHIBITED ACTIVITIES.
In using the Services, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
(i) Act in a deceptive manner by, among other things, impersonating any person;
(ii) Harass or stalk any other person;
(iii) Harm or exploit minors;
(iv) Distribute "spam";
(v) Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
(vi) "Frame" or "mirror" any part of the Service or the Site;
(vii) Use meta tags or code or other devices containing any reference to Company, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Company) to direct any person to any other website for any purpose;
(viii) Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
(ix) Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
(x) Collect information about others;
(xi) Advertise or solicit others to purchase any product or service within the Site;
(xii) Promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
(xiii) Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
(xiv) Participate in any activity that in any way violates any law.
We have the right to suspend you from using the Services if you do not follow these guidelines.
Company has the right, but not the obligation, to monitor all conduct on and content submitted to the Services. Company reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Services and terminating or suspending the Membership of such violators.
Your use of the Site and Services, including all Content you post through the Services, must comply with all applicable laws and regulations.
You agree that Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
(i) comply with legal process;
(ii) enforce this Agreement;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service or allow you to use the Site in the future; or
(v) protect the rights, property or personal safety of the Company or any other person.
11. SUBMISSIONS.
As between you and Company, you own all content that you submit to the Services, whether directly via the Services or indirectly.
HOWEVER, by posting a submission to Company, you are granting Company and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you.
In addition, you waive any so-called "moral rights" or "performance rights" in your content.
You further grant all users of the Services permission to view your content for their personal, non-commercial purposes.
If you make suggestions to Company on improving or adding new features to the Services, Company shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that:
(i) you have the right to submit the content to Company and grant the licenses set forth above;
(ii) Company will not need to obtain licenses from any third party or pay royalties to any third party;
(iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and
(iv) the content complies with this Agreement and all applicable laws.
12. INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless Company and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) that:
(i) arise from your activities on the Services;
(ii) assert a violation by you of any term of this Agreement; or
(iii) assert that any content you submitted to Company violates any law or infringes any personal right or third party right, including any intellectual property or privacy right.
Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in connection therewith.
13. LICENSE TO USE THE SERVICES.
License. Company grants you a limited, non-exclusive license to access and use the Services for your own personal, non-commercial purposes.
If you are using a computer that others have access to, you must log out of your account after using the Services.
If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at members@surgtalk.com.
Organizations, companies, and/or businesses may not use the Site or Services for any commercial purpose, beyond the licenses granted herein, unless expressly authorized by Company in writing.
Restrictions. Except as expressly permitted by Company in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services.
Nor will you take any measures to interfere with or damage the Site or Services.
All rights not expressly granted by Company are reserved.
Mobile Devices, Application and Set-Top Boxes/External Devices. These Terms, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).
Your use of the Services through any applications or device constitutes your agreement to be bound by these Terms. Any Company application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console's app store, etc.) is licensed, not sold, to You for use only under these Terms.
We, the licensor, Company, (Application Provider) reserve all rights not expressly granted to You.
Accordingly, if you download the Company Application, you will be:
(i) installing a software program on your product in the form of an application;
(ii) entering into this contract with Company governing your use of the application.
14. THIRD PARTY LINKS AND CONTENT.
Certain links on the Site and Services may let you leave the particular Site or Services you are accessing in order to access a linked site (the "Linked Sites"). When you are linking to a third party site, it is important to know that Company does not control these sites, nor has Company reviewed or approved the content which appears on the linked sites. Company is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites.
You acknowledge and agree that Company 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 the use of any of the links, content, goods or services available on or through the linked sites.
15. DEALINGS WITH THIRD PARTIES.
For the purposes of this Agreement, "dealings" means your participation, correspondence or business dealings with any third party found on or through the Sites and Services (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party.
You agree that Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
16. INTELLECTUAL PROPERTY.
You acknowledge that the Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other proprietary materials (collectively, "Company Content") that is protected by copyrights, patents, trademarks, trade secrets or other intellectual property rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
All Company Content and content developed for Company by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Company owns a copyright in the selection, coordination, arrangement and enhancement of all Company Content in the Site.
Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the software application if applicable, to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms.
Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Company name, logos and affiliated applications and technologies are the exclusive property of Company.
All other trademarks appearing on the Services are trademarks of their respective owners.
Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services.
The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.
Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Company owns and retains all proprietary rights in the Site and Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.
You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights.
You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
You agree to use all Company Content only for the purposes stated herein.
17. GENERAL PROVISIONS.
Arbitration and Governing Law. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association.
The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction.
Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Company or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Services in any manner, you agree to the above arbitration agreement.
In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Company or its affiliates (except for matters that may be taken to small-claims court).
YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
You are entitled to a fair hearing before the arbitrator.
The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings.
Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.
In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California.
You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Interpretation; Severability; Waiver; Remedies.
Headings are for convenience only and shall not be used to construe the terms of this Agreement.
If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement.
No failure or delay by Company in exercising any right hereunder will waive any further exercise of that right.
Company's rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third Party Beneficiaries.
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
You may not assign this Agreement without Company's prior written consent.
No third party shall have any rights hereunder.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from Company electronically.
Company may provide all such communications by email or by posting them on the Services.
For support-related inquiries, you may send an email to info@surgtalk.com.
Nothing herein shall limit Company's right to object to subpoenas, claims, or other demands.
Modification: This Agreement may only be modified by the Company. You will receive reasonable written notice of changes from the Company following any modifications.
A revised Terms of Service will be effective as of the date it is posted on the Site.
Integration. This Agreement constitutes the entire understanding between Company and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.