Sehulmonology.Com ("SEHPulmonology") provides access to
this web site (the "Site") subject to the acceptance of
this User Agreement ("Agreement") by all persons accessing,
browsing, or otherwise using this Site ("User" or "you").
This Agreement may be updated by SEHPulmonology from time to time
without prior notice to you. SEHPulmonology encourages you to review
this Agreement periodically for any updates or changes. By accessing
or using the Site, you agree to be bound by the terms of this Agreement,
as revised. When using a particular feature of the Site, you may
also be subject to any posted guidelines, rules, terms of service,
codes of conduct or other contractual provision as noted. In the
event of a conflict between any other agreement, rule, or terms
of service and this Agreement, the provisions of this Agreement
shall govern. If you have any questions about this Agreement please
contact SEHPulmonology at info@sehpulmonology.com before using the Site.
The contents of the Site, such as text, graphics, photographs, software
and other material (the "Content"), is presented for informational
purposes only. SEHPulmonology will use reasonable efforts to include
up-to-date and accurate information in this Site, but makes no representations,
warranties, or assurances as to the accuracy, currency or completeness
of the Content provided, including third party information, such
as, but not limited to, press releases, articles, or information
from third-party web sites linked to or from this Site. YOU SHOULD
NOT RELY ON ANYTHING CONTAINED ON THE SITE TO SUGGEST A COURSE OF
TREATMENT FOR ANY MEDICAL CONDITION. THE CONTENT CANNOT SUBSTITUTE
FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER.
IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY
CONTACT YOUR HEALTH CARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL
ADVICE, AVOID OR DELAY VISITING A MEDICAL PROFESSIONAL, OR DEVIATE
FROM ANY TREATMENT PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED TO
YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE
OF SOMETHING YOU HAVE READ ON THE SITE. YOU SHOULD READ CAREFULLY
ALL PRODUCT PACKAGING.
Any links to other sites are provided as merely a convenience to
you. This Site may provide links or references to other sites but
SEHPulmonology has not reviewed all of these other sites, has no
responsibility for the content of such other sites and shall not
be liable for any damages or injury arising from the content from
these other sites. You understand that, except for information,
products or services clearly identified as being supplied by SEHPulmonology,
SEHPulmonology does not operate, control or endorse any information,
products or services on the Internet in any way. SEHPulmonology
does not endorse or make any representations about these sites,
or any information or other products or materials found on these
sites, or any results that may be obtained from using these sites.
If you decide to access any of these other sites linked to this
Site, you do so entirely at your own risk.
You agree that you have read and understand the terms of SEHPulmonology's
privacy policy. You acknowledge that the Site may link to other
sites not controlled by SEHPulmonology and that the collection of
your data by these sites is outside the scope of SEHPulmonology's
control.
You also understand that SEHPulmonology cannot and does not guarantee
or warrant that files available for downloading from the Site will
be free of infection or viruses, worms, Trojan horses, time bombs,
cancelbots or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information (collectively,
"Hazards"). You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
You may not use any device, software or routine to interfere with
the proper working of the Site. You may not take any action that
imposes an unreasonable burden upon the infrastructure used to support
the efficient operation of the Site.
Any personal information, computer information, or other information
that you provide to SEHPulmonology in connection with the use of
the Site: (a) shall not be obscene or indecent; (b) shall not contain
any Hazards; (c) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (d) shall not be defamatory, libelous,
unlawfully threatening or unlawfully harassing; and (e) shall not
create any liability for SEHPulmonology or cause SEHPulmonology
to lose (in whole or in part) the services of its Internet Service
Provider(s) or other suppliers. Users shall comply will all applicable
laws, statutes, ordinances and regulations regarding use of the
Site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR
TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED
THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY
YOURS.
SEHPulmonology DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD
TO THE SITE, THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE
OR ON THE INTERNET GENERALLY, AND SEHPulmonology SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS
OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE
INTERNET GENERALLY. SEHPulmonology DOES NOT WARRANT THAT THE SITE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE
WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE
SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
SEHPulmonology periodically schedules system downtime for maintenance
and other purposes. Unplanned system outages may also occur. SEHPulmonology
shall have no liability whatsoever for the resulting unavailability
of the Site or for any loss of data or transactions caused by planned
or unplanned system outages or the resultant delay, misdelivery
or nondelivery of information caused by such system outages, or
any third party acts or any other outages of web host providers
or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold SEHPulmonology and its affiliates,
officers, directors, employees and agents harmless from and against
any and all claims, demands, actions, costs, liabilities, losses
and damages of any kind (including attorney's fees) resulting from
(i) your use, misuse or abuse of the Site, or (ii) your breach of
any provision of this Agreement. You will cooperate as fully as
reasonably required in SEHPulmonology's defense of any claim. SEHPulmonology
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, and you shall not in any event settle any matter without
the written consent of SEHPulmonology.
The Content is the property of SEHPulmonology and/or its affiliates
or partners, and is protected by federal and international copyright
and trademark laws, or other proprietary rights. These rights are
protected in all forms, media and technologies existing now or hereinafter
developed. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use. No portion of the Content may be reprinted, republished, modified,
or distributed in any form without the express written permission
of SEHPulmonology. You may not, and this Agreement does not give
you permission to, reproduce, reverse engineer, decompile, disassemble,
modify, transmit, sell, distribute, license or create derivative
works with respect to the Site. Certain Content may be licensed
from third parties and all such third party Content and all intellectual
property rights related to the Content belong to the respective
third parties. You may not remove any copyright, trademark or other
intellectual property or proprietary notice or legend contained
on the Site or the Content. Any rights not expressly granted by
this Agreement or any applicable end-user license agreements are
reserved by SEHPulmonology.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, exclusive of its choice of
law rules and matters affecting copyrights, trademarks and patents
under United States federal law.
You hereby irrevocably and unconditionally consent to submit to
the exclusive jurisdiction of the courts of the State of Texas and
of the United States of America located in the State of Texas for
any litigation or disputes arising out of or relating to use of
the Site and not to commence any litigation relating thereto except
in such courts. You hereby irrevocably and unconditionally waive
any objection to the establishment of venue of any such litigation
in the Texas Courts and agree not to plead or claim in any Texas
Court that such litigation brought therein has been brought in an
inconvenient forum.
SEHPulmonology makes no claims that the Content is appropriate or
may be downloaded outside of the United States. Access to the Content
may not be legal in certain countries or for certain persons. If
you access the Site from outside of the United States, you do so
at your own risk and are responsible for compliance with the laws
of your jurisdiction.
In the event that one or more portions of this Agreement shall,
for any reason, be held to be invalid, illegal or unenforceable
in any respect, such validity, illegality or unenforcability shall
not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience
of reference and are not to be used as an aid in the interpretation
of this Agreement.
Any delay or failure by you or SEHPulmonology, at any time or times,
to require performance of any provision hereof shall in no manner
affect your or SEHPulmonology's right at a later time to enforce
such provision. No delay or failure of you or SEHPulmonology in
exercising any right hereunder shall constitute a waiver of such
right or any other rights hereunder.
This Agreement and any documents expressly incorporated by reference
constitute the entire agreement between SEHPulmonology and you pertaining
to the subject matter hereof.
In its sole discretion, SEHPulmonology may unilaterally amend or
modify this Agreement or any other documents referenced herein at
any time by posting on the Site. Any amended or modified terms will
be effective upon posting. Continued use of the Site constitutes
acceptance of any modified terms and conditions. If you have any
questions about this Agreement, contact SEHPulmonology at info@sehpulmonology.com.
You may not assign your rights or delegate your responsibilities
hereunder without the express written permission of SEHPulmonology.
SEHPulmonology may, at any time, assign its rights or delegate its
obligations hereunder without notice to you.
No person not a party to this Agreement is intended to be a beneficiary
of this Agreement, and no person not a party to this Agreement shall
have any right to enforce any term of this Agreement.
UNDER NO CIRCUMSTANCES SHALL SEHPulmonology OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SEHPulmonology HAS BEEN ADVISED OF THE POSSIBLITY
OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO
USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE
AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES
PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND
SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
In consideration of your use of the Site, you agree to: (a) provide
true, accurate, and current and complete information as prompted
on the Site; and (b) maintain and update such information to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or SEHPulmonology
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, SEHPulmonology may suspend
or terminate your use of the service and/or decline to permit your
continued use of the Site and future access to the Site.
Should you respond to the Site by providing feedback, such as questions,
requests, opinions, comments, suggestions, ideas, or the like, such
information shall be deemed to be the property of SEHPulmonology.
SEHPulmonology shall have no obligation of any kind to the User
with respect to such information and shall be free to reproduce,
use, disclose and distribute the information to others without limitation
and without license. SEHPulmonology shall be free to use any ideas,
concepts, know-how or techniques contained in such information for
any purpose whatsoever.
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