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TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site! United Shoulder Specialists, Inc. ("United Shoulder Specialists") may revise and update these Terms and Conditions at any time. Your continued usage of the United Shoulder Specialists website ("United Shoulder Specialists Site," or the "Site,") will mean you accept those changes.

CHILDREN'S PRIVACY: We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

USE OF CONTENT: United Shoulder Specialists authorizes you to view or download a single copy of the material on the United Shoulder Specialists Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2007, United Shoulder Specialists, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the United Shoulder Specialists Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with United Shoulder Specialists or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of United Shoulder Specialists. All rights not expressly granted herein are reserved to United Shoulder Specialists and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF United Shoulder Specialists AND ITS LICENSORS. The use of the United Shoulder Specialists Site and the Content is at your own risk. When using the United Shoulder Specialists Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of United Shoulder Specialists and its suppliers. Accordingly, United Shoulder Specialists assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the United Shoulder Specialists Site. The United Shoulder Specialists Site and the content are provided on an "as is" basis.

USER SUBMISSIONS. You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.  If you make any such submission You agree that you will not send or transmit to United Shoulder Specialists by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to United Shoulder Specialists by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to United Shoulder Specialists by email, you automatically grant--or warrant that the owner of such content or intellectual property has expressly granted--United Shoulder Specialists a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. United Shoulder Specialists may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to United Shoulder Specialists by email. We try to answer every email in a timely manner, but are not always able to do so.

PASSWORDS: United Shoulder Specialists has several tools that allow you to record and store information. For example, SafetySend is a service that allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by United Shoulder Specialists or on its behalf. SafetySend is structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your United Shoulder Specialists passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your United Shoulder Specialists account and password; (3) promptly inform United Shoulder Specialists of any need to deactivate a password. You grant United Shoulder Specialists and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. United Shoulder Specialists cannot and does not assume any responsibility or liability for any information you submit, including to SafetySend, or your or third parties' use or misuse of information transmitted or received using United Shoulder Specialists tools and services, including SafetySend.

United Shoulder Specialists LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS"). If you use a Public Area, such as a chat room, bulletin board or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. United Shoulder Specialists is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by United Shoulder Specialists in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of United Shoulder Specialists, exposes United Shoulder Specialists or any of its customers or suppliers to any liability or detriment of any type.

United Shoulder Specialists reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public chat rooms.
  • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  • Terminate a user's access to any or all Public Areas and/or the United Shoulder Specialists Site upon any breach of these Terms and Conditions.
  • Monitor, edit, or disclose any communication in the Public Areas.

6.      Edit or delete any communication(s) posted on the United Shoulder Specialists Site, regardless of whether such communication(s) violate these standards.

United Shoulder Specialists reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. United Shoulder Specialists has no liability or responsibility to users of the United Shoulder Specialists Site or any other person or entity for performance or nonperformance of the aforementioned activities.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. United Shoulder Specialists may provide links to third-party web sites. United Shoulder Specialists also may select certain sites as priority responses to search terms you enter and United Shoulder Specialists may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. United Shoulder Specialists does not recommend and does not endorse the content on any third-party websites. United Shoulder Specialists is not responsible for the content of linked third-party sites, sites framed within the United Shoulder Specialists Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. United Shoulder Specialists does not endorse any product advertised on the United Shoulder Specialists Site.

INDEMNITY. You agree to defend, indemnify, and hold United Shoulder Specialists, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL. United Shoulder Specialists is based in Houston, Texas in the United States of America. United Shoulder Specialists 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 by certain persons or in certain countries. If you access the United Shoulder Specialists Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. 

JURISDICTION. You expressly agree that exclusive jurisdiction for any dispute with United Shoulder Specialists, or in any way relating to your use of the United Shoulder Specialists Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving United Shoulder Specialists or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

 

 

 

   

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