Last revised: 02/10/09
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. Torrington-Winsted Pediatric Associates, P.C. ("we," "us") provides the Web site known as pediadocs.com (and TorringtonWinstedPeds.com), as well as all services related to the Web site (collectively, "the Site") subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.
This Agreement is made between us and you, the user of or visitor to the Site ("you"). We reserve the right at any time to:
(a) Change the terms and conditions of this Agreement; or
(b) Change the Site, including eliminating or discontinuing any content on or feature of any of the Site.
Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
IMPORTANT: The content and information on the Site is presented
and intended for general informational purposes only, including to inform
Site visitors and users about our medical practice and about wellness and
disease management topics. Nothing contained in the Site is intended to be
instructional or for medical diagnosis or treatment. The content and information
on the Site should not be considered complete, nor should it be relied upon
to suggest a course of treatment for a particular individual. It should not
be used in place of a visit, call or consultation with, or the advice of,
one of our physicians or nurse practitioners or another physician or other
qualified health care provider. Information obtained from or through the Site
is not exhaustive and does not cover all diseases, ailments, physical conditions
or their diagnosis or treatment. Should you have any health care related questions,
please call or see one of our physicians or nurse practitioners or another
physician or other qualified health care provider promptly. Always consult
with one of our physicians or nurse practitioners or your physician or other
qualified health care provider before embarking on a new treatment, diet,
fitness or wellness program. You should never disregard medical advice or
delay seeking it because of anything you have read on or through the Site.
You must be at least 18 years of age to use the Site. If you are not at least 18 years old, please do not access or use the Site.
Code of Conduct. While using the Site, you agree to comply with all applicable laws, rules and regulations and you agree not to:
Restrict or inhibit any other visitor or member from using
the Site, including, without limitation, by means of "hacking" or
"cracking" or defacing any portion of any of the Site;
Use the Site for any unlawful purpose;
Engage in spamming or flooding;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site;
Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
Frame" or "mirror" any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
Harvest or collect information about Site visitors or members without their express consent.
Termination. This Agreement shall remain effective until terminated in accordance with its terms. We may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice to terminate this Agreement without cause.
Services and Tools. Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.
Claims of Copyright Infringement. If you believe in good faith that materials on the Site violate your copyright, please contact our webmaster with, if possible, a description of the material you believe is infringing and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
Ownership and Restrictions on Use. © 2001 Torrington-Winsted Pediatric Associates, P.C. All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
"pediadocs.com", "PediaDocs", Torrington-Winsted Pediatric Associates", "TorringtonWinstedPeds.com," "TorringtonWinstedPeds," "TorrWinPeds.com" and "TorrWinPeds" are trademarks and/or service marks of Torrington-Winsted pediatric Associates, P.C. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Links to Other Web sites. The Site may contain links to other Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed or approved any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other Web site, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TORRINGTON-WINSTED PEDIATRIC ASSOCIATES, P.C. AND ITS AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
TORRINGTON-WINSTED PEDIATRIC ASSOCIATES, P.C. AND ITS AFFILIATES AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF TORRINGTON-WINSTED pediatric ASSOCIATES, P.C. OR ITS AFFILIATES OR AGENTS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY MATERIALS PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability. NEITHER TORRINGTON-WINSTED PEDIATRIC ASSOCIATES, P.C. NOR ITS AFFILIATES OR AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
Indemnification. You agree to indemnify, defend and hold us, our partners, officers, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site.
Miscellaneous. This Agreement is governed by and construed
in accordance with the laws of the State of Connecticut, United States of
America, without regards to its principles of conflicts of law. You agree
to personal jurisdiction by the federal and state courts located in Litchfield
County, Connecticut, United States of America, and waive any jurisdictional,
venue, or inconvenient forum objections to such courts. If any provision of
this Agreement is found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement and shall
not affect the validity and enforceability of any remaining provisions. This
Agreement is not assignable, transferable or sub-licensable by you except
with our prior written consent. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained in this
Agreement is inserted only as a matter of convenience and in no way defines
or explains any section or provision hereof. This, together with all our policies
referred to herein, constitutes the entire Agreement between us relating to
the subject matter herein and supersedes and any all prior or contemporaneous
written or oral Agreements between us.