Terms of Use and User Agreement

Using the CCDD and Huntsville Endoscopy Center Website

Effective Date: January 1, 2011

THE FOLLOWING TERMS (“TERMS OF USE”) ARE APPLICABLE TO ANY AND ALL ACCESS TO AND/OR USE OF ANY CENTER FOR COLON AND DIGESTIVE DISEASE, P.A. (“CCDD”) WEBSITE CONTENT (“WEBSITE”). ANY USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.

1. No Minors. You represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability to agree to and use this Website in accordance with these Terms of Use.
   
   
2. Purpose of Website. This Website and the materials provided on this Website were prepared by CCDD for general informational and educational purposes. The Website is provided “as is.” CCDD makes no warranty or representation, either express or implied, and does not warrant the accuracy, completeness, performance, currency, merchantability or fitness for a particular purpose of the Website or the content it contains or the method of delivery of that information to users. The information on this Website may not reflect the most current healthcare developments, and is not guaranteed to be correct, complete, or up-to-date. CCDD may link to Websites or services from other companies or offer you the ability to download software from other companies. CCDD is not responsible for, and does not control, those Websites, services, and software.
   
   
3. This Website DOES NOT create a Doctor-Patient Relationship. Information provided on this Website DOES NOT create a doctor-patient relationship between you and any physician affiliated with CCDD This Website does not contain individualized or customized medical or healthcare advice. You should not rely on, act or refrain from acting on the basis of any information contained in this Website without seeking direct advice from a healthcare professional. Nothing contained in this Website is or should be considered, or be used, as a substitute for medical advice, diagnosis, or treatment or other professional advice. Information on this Website does not guarantee or warrant a good or particular clinical outcome.
   
   
4. Web Server. CCDD reserves the right to collect general information regarding usage and users of this Website. See our Privacy Policy for more information on the information we collect and how we use it.
   
   
5. Electronic Communications. You agree not to use e-mail and other forms of electronic communication to and from CCDD for any treatment purposes.
   
   
6. Referrals. Nothing in this Website (including links to other websites) should be interpreted as promoting, referring, recommending, endorsing, guaranteeing, or warranting, any particular healthcare or other service, product, entity, or provider.
   
   
7. Reproduction or Distribution of Website Information. Any reproduction, distribution, republication and retransmission of material contained within the CCDD Website is prohibited without prior written permission from the CCDD office manager.
   
   
8. Links to Third-Party Websites. From time to time, this Website may provide links to other useful or interesting websites that are not owned or controlled by CCDD We cannot be responsible for the content or privacy practices used by other website owners. If you have any concerns, you are urged to review the terms of those websites for more information about the policies applicable to those websites.
   
   
9. Disclaimer of Liability. CCDD shall not be liable to any party for any claims for damages based on any cause of action whatsoever relating to use of this Website by any person or entity.
   
   

1. DISCLAIMER OF RESPONSIBILITY. CCDD DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM WEBSITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS IN ANY WEBSITE CONTENT, (C) THE UNAVAILABILITY OF THE WEBSITE, (D) ANY USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY WEBSITE, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   
   • IN NO EVENT SHALL CCDD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF CCDD HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
     
     
   • YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CCDD HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND LOSSES (INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, ANY USE OF ANY CONTENT, DATA, OR DOCUMENTATION RECEIVED THROUGH THE WEBSITE BY YOU, OR YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE, OR YOUR BREACH OR ALLEGED BREACH OF THE COPYRIGHT, TRADEMARK, PROPRIETARY, OR OTHER RIGHTS OF THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION.
     
     
2. Changes and Updates. We will occasionally update the Website Terms of Use. You are encouraged to regularly review the TERMS OF USE to be informed of how the TERMS OF USE have changed.
   
   
3. Complaints. You may contact CCDD at 256-533-6488 with any questions or comments.