Legal documentation

Nothing contained in www.etmc.org is intended to be instructional for medical diagnosis or treatment.

The information presented by ETMC.ORG should not be considered complete, or take the place of a consultation with a physician or competent healthcare professional for medical diagnosis and/or treatment; or serve as an endorsement for any medical practice, physician, pharmaceutical product, medical device or software.

The information presented should not be used in place of a visit, call, consultation with or the advice of your physician or other qualified health care provider.

Information obtained in www.etmc.org is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. See your physician or other qualified health care provider promptly with any health care related questions. Always consult with your physician or other qualified health care provider before embarking on any treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on this web site or others. The information contained in www.etmc.org is compiled from a variety of information providers. The web site www.etmc.org does not directly or indirectly practice medicine or dispense medical services.

Terms and Conditions of Use

The East Texas Medical Center Web Site is an Internet-based source of health care information for health conscious consumers, patients, and professionals. Your use of the East Texas Medical Center Web Site, though, is limited in important ways as outlined in the following Terms and Conditions of Use (“Agreement”). Please read them carefully.

Your License to Use the East Texas Medical Center Web Site

Subject to the terms of this Agreement, East Texas Medical Center and it related or affiliated entities (collectively “ETMC”), grants you a limited, right and ability, which is (“License”) to:

1. Search and view information available through the East Texas Medical Center Web Site (“Web Site”);

2. Download and make limited printouts of the information you view; and

3. Use the search tools and other services provided on the Web Site.

Your License is limited in a number of ways. For example, the only commercial use for which you may use, download or printout material contained on the Web Site is for your personal research and informational purposes. Any other commercial use, such as reselling access or creating course packs or posting information on another web site, is prohibited. You may not redistribute, retransmit, or publish any copyrighted material downloaded from the Web Site without written permission from ETMC or the copyright owner. Your License terminates immediately, without any further action by ETMC, if you breach any terms or conditions of this Agreement. You may not transfer or assign your license to any other party.

ETMC is the owner or licensee of all rights in the Web Site, its content, software, and services. You have no right in such content, software or services not expressly granted in this Agreement.

 You Should not Substitute Information on the Web Site for Professional Advice

The information, communications, and materials available on the Web Site are provided to you solely for informational purposes. Information, communications and materials available on the Web Site is not and should not be considered professional health care advice. Nor should you assume that information on a particular topic is complete. While the content provided through the Web Site is updated frequently, health care information changes rapidly and consequently some information on the Web Site may be out of date or, in the case of certain content sources, historic in nature. You therefore should not substitute information contained on the Web Site for consultation with qualified health care professionals; nor should you rely solely on information contained on the Web Site in rendering a diagnosis or considering a course of treatment.

ETMC Is Not Engaged in the Practice of Medicine

The Web Site is designed to promote education regarding and concerning health care information. ETMC expressly disclaims any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of the Web Site or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold harmless ETMC therefrom. ETMC shall not be deemed to be engaged in the corporate practice of medicine as a consequence of providing the Web Site.

The Web Site is Provided As Is

ETMC does not represent or warrant that any service or content provided will perform as expected or error-free. Further, ETMC is not responsible for the actions of any other party who uses the Web Site.

Therefore, SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE WEB SITE ARE PROVIDED “AS IS” AND AS AVAILABLE. YOU AGREE TO ASSUME RESPONSIBILITY AND THE RISK FOR YOUR USE OF THE WEB SITE. ETMC MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED ON THE WEB SITE OR THE INTERNET GENERALLY. FURTHER, ETMC DISCLAIMS ANY WARRANTY THAT THE WEB SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. ETMC AND ITS INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES, MERCHANDISE, PRODUCTS, OR INFORMATION CONTAINED ON THE WEB SITE.

You are Responsible for Your Use of the Web Site

You agree to be solely responsible for your use of the Web Site, and to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Web Site or the internet generally.

Limitations of Liability

ETMC, ITS AFFILIATES, PARENTAL ENTITIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF THE EAST TEXAS MEDICAL CENTER WEB SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ETMC, ITS AFFILIATES, PARENTAL ENTITIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEB SITE OR ANY INFORMATION PROVIDED BY THE WEB SITE OR DOWNLOADED FROM THE WEB SITE OR ANY OF ITS LINKS. IN NO EVENT SHALL ETMC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS’ LIABILITY TO YOU EXCEED U.S. $10.00 IN THE AGGREGATE. THE LIMITATIONS STATED IN THIS SECTION SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.

ETMC is Not Responsible For Any Links To Or From Other Sites

The Web Site may contain links to other web sites operated by third parties, and other web sites may provide links to the Web Site. Such links are provided for your convenience only. ETMC does not control these other sites and assumes no liability or responsibility for them, including any content or services provided to you by such site. You should not consider any link to or from a third party site as an endorsement of any such site by ETMC unless ETMC expressly states so.

Indemnification

You agree to indemnify, defend and hold ETMC, its affiliates, parental entities and their officers, directors, employees, agents, and any information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Web Site.

This Agreement is Governed by Texas Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, as such laws would apply to a contract fully negotiated, entered into, and performed in Texas.

Miscellaneous

You agree that any legal action or proceeding between ETMC and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Tyler, Smith County, Texas. Any cause of action or claim you may have with respect to the ETMC Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ETMC’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ETMC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Other Miscellaneous Provisions

No joint venture, partnership, employment or agency relationship exists between you and ETMC as a result of these Terms and Conditions or your use of the Web Site.

Those provisions outlined here that normally (indemnification, disclaimer of warranties, limitations suit, etc.) would survive after you cease using the Web Site shall survive.

These Terms and Conditions constitute the entire and only understanding between you and ETMC. In the event of any conflict between these Terms and Conditions and any policy or statement regarding your use of the Web Site, these Terms and Conditions shall govern. No modification or attempted modification of these Terms and Conditions by you shall be binding on ETMC unless made in writing and physically signed by an authorized representative of ETMC. ETMC may modify these Terms and Conditions at any time.

Notices sent to you by ETMC in connection with this Agreement may be delivered to you by electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in the East Texas Medical Center Web Site’s account information. You may give notice to ETMC at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

East Texas Medical Center
Attn: Administrator
1000 South Beckham Avenue
Tyler, Texas 75701

These Terms and Conditions are severable to the extent any term is deemed invalid, illegal or unenforceable.

Your use of the Web Site reflects your agreement to these Terms and Conditions.

Please be aware that this information is provided to supplement the care provided by your physician. It is neither intended nor implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

Thank you for using the Web Site.

ETMC Web Privacy Policy

ETMC considers information submitted to us via our website to be private and confidential. Only designated employees have access to individual information that is submitted in the form of information requests and we make extensive efforts to keep data secure.

ETMC may contact individuals who make requests of our site, based on contact information they provide. We do so only when necessary to appropriately complete an individual request.

Newsletters
ETMC collects e-mail addresses as subscriptions to our health newsletters sent via e-mail. These are opt-in newsletters and we cancel subscriptions upon request.

No Third Party Information Sharing
ETMC does not share e-mail addresses or any other information with third parties. We will never share personal data with outside entities or other businesses.

Visitor Tracking
ETMC makes no effort to obtain personal data about visitors to our website via web tracking. We check the number of visitors to our site and compile statistics about our web traffic but we do not attempt in any way to determine personal data about site visitors unless they choose to submit questions to us, subscribe to newsletters or apply for jobs.

Chats
Occasional ETMC offers chats with physicians or other healthcare professionals. We allow anonymous participation in chats and do not collect personal data in relation to online discussions.

Outside links
Some articles may include links to outside websites and we cannot assume responsibility for privacy policies of other websites.

 Site Sponsorship and Advertising Policy

ETMC provides this website as a community service and is the sole sponsor of the web site contents.

ETMC.ORG accepts no outside advertising for and of its websites. Any banners or promotions are for ETMC-related events, activities or services.

ETMC provides some informational content via our online partner Healthgate Data Corporation, and occasionally Healthgate articles may include affiliate links to commercial websites which offer health or fitness related books or materials mentioned in the articles. ETMC receives no compensation for these links and does not endorse third party content.