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| terms of service/Legal Notices |
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PLEASE READ THESE TERMS OF SERVICE/LEGAL NOTICES, WHICH APPLY TO YOUR USE OF THE GKF WEBSITE (THE "SITE") AND ARE LEGALLY BINDING. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE/LEGAL NOTICES.
This Site has the goal of helping you to be a better-informed partner in your own health care. This Site allows your hospital to make available more detailed information about some of the technology that you and your physician may use in your treatment.
The materials on this Site (sometimes referred to as the "Content") are provided by GK Financing, LLC (“GKF”), The Boston Gamma Knife Center at Tufts-New England Medical Center (the "Host Facility"), and the manufacturers of the medical devices presented here (the "Participating Vendors") as a service to patients, for informational purposes only. All of the Content is the sole and exclusive property of GKF or the respective information providers, and is protected by copyright and other intellectual property laws. Except as expressly permitted in these Terms of Service/Legal Notices, you must not reproduce, publish, transmit, modify, create derivative works of, publicly display, publicly perform or otherwise use any of the Content or make any of the Content available outside the immediate circle of your family and friends. You are free to spend as much time as you wish viewing the materials on the Site, and you may download and print out materials so long as they are solely for personal use and not for any commercial or business purpose. However, you do not have the right to post any of the Content on any other website, or to incorporate any of the Content into any other work, whether in electronic form or physical form. You must not delete or obscure any copyright, trademark or other proprietary rights or legal notices from any items of Content that you use.
The information provided here is intended only to supplement the information given to you by your health care providers. Nothing on the Site is intended to be, nor shall anything be construed as being, medical advice of any kind. The presentation of any product or service on the Site is not an endorsement or recommendation by GKF of such product or service, nor an expression or implication that any product or service is medically appropriate or will lead to any particular outcome. That is between you and your health care providers.
In addition, GKF is not a participant in, or otherwise involved in, the provision of any services. GKF is not a seller, agent or representative of the Host Facility or any Participating Vendor, and any business or business issues, and any other issues (collectively, "Business Matters"), are between you and the applicable other party or parties. GKF has no responsibility for, or in connection with, any such Business Matters. Without limiting the generality of the foregoing, GKF has no obligation to, and will not, assist you in the resolution of any Business Matter or any dispute or disagreement with the Host Facility or any Participating Vendor (or any insurance company or other third party payor) or any other party.
GKF and/or the Host Facility and/or any Participating Vendor have the right to change the Content of the Site at any time, without notice, including, but not limited to, the right to remove any product or service from presentation on the Site.
We want you to understand the limited nature of this Site and what you should NOT expect or assume about the information on the Site, and also that GKF will not have any responsibility or liability for anything arising out of or relating to your use of the Site. Because GKF is only facilitating the dissemination of information of third parties through the Site, GKF could not and would not operate the Site without the disclaimers and limitations in the following paragraphs.
EXCLUSION OF WARRANTIES AND DISCLAIMERS OF WARRANTY; LIMITATIONS OF GKF'S LIABILITY
AS USED IN THE FOLLOWING SECTIONS, THE TERMS "USER" AND "USER OF THE SITE" INCLUDE NOT ONLY THE ACTUAL USER HERSELF OR HIMSELF, BUT ALSO INCLUDE ANY OTHER PERSON CLAIMING RIGHTS DIRECTLY OR INDIRECTLY BASED ON OR DERIVED FROM THE ACTUAL USER'S RIGHTS OR PURPORTED RIGHTS, INCLUDING, BUT NOT LIMITED TO, HEIRS, ASSIGNS, TRANSFEREES, EXECUTORS OR CONSERVATORS. THE REFERENCE TO "USER'S RIGHTS" IS NOT INTENDED TO, AND SHALL NOT BE INTERPRETED OR CONSTRUED TO, SUGGEST, ADMIT OR IMPLY THAT ANY USER OF THE SITE HAS OR MIGHT HAVE ANY RIGHTS. THE INCLUSION OF PARTIES OTHER THAN THE ACTUAL USER IS INTENDED TO MAKE THE LIMITATIONS AND EXCLUSIONS EXHAUSTIVE AS TO ALL POSSIBLE CLAIMING PARTIES, AND IS NOT INTENDED TO, AND SHALL NOT BE INTERPRETED OR CONSTRUED TO, SUGGEST, ADMIT OR IMPLY THAT ANY OTHER PARTY HAS OR MIGHT HAVE ANY RIGHTS.
THE USER UNDERSTANDS AND AGREES THAT HER OR HIS USE OF THE SITE IS AT THE USER'S SOLE RISK. THE INFORMATION ON THIS SITE IS NOT INTENDED TO BE, AND MUST NOT BE RELIED UPON AS, THE BASIS FOR ANY MEDICAL DECISION OR OTHER DECISION, OR AS ASSURING ANY MEDICAL OUTCOME OR OTHER OUTCOME.
INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, GKF MAKES NO WARRANTIES OR REPRESENTATIONS TO THE USER OR TO ANY OTHER PARTY AS TO: THE SITE; ANY PRODUCT OR SERVICE PRESENTED, OR OTHERWISE REFERRED TO, ON THE SITE; THE AVAILABILITY OR PERFORMANCE OF THE SITE; THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SITE OR FOUND THROUGH ANY HYPERLINK OR OTHER REFERRAL ON THE SITE; OR AS TO ANY BUSINESS ISSUES; AS TO ANY MEDICAL MATTERS; OR AS TO ANY OTHER MATTER WHATSOEVER. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF NONINFRINGEMENT, ARE HEREBY DISCLAIMED.
INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, GKF SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) TO ANY USER OF THE SITE, NOR TO ANY OTHER PARTY, FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF USE OR AVAILABILITY OF THE SITE; ANY INCOMPLETENESS OR INACCURACY OF ANY INFORMATION ON THE SITE; FAILURE TO ACHIEVE A DESIRED OR SATISFACTORY MEDICAL OR OTHER OUTCOME; OCCURRENCE OF ANY UNSATISFACTORY, ADVERSE OR DISAPPOINTING MEDICAL OR OTHER OUTCOME OR EVENT; ANY BUSINESS ISSUE; ANY MEDICAL MATTER; OR LOSS OF EARNINGS, COMPANIONSHIP OR CONSORTIUM. THE FOREGOING SHALL APPLY EVEN IF GKF HAS BEEN APPRISED, KNOWS, OR SHOULD HAVE KNOWN, OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL GKF'S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) TO ANY USER OR OTHER PARTY ARISING OUT OF OR RELATING TO THE SITE OR THE USE OF THE SITE EXCEED IN THE AGGREGATE THE AMOUNTS ACTUALLY RECEIVED BY GKF FROM THAT PARTICULAR USER, REGARDLESS OF THE NUMBER OR NATURE OF, OR CONNECTION BETWEEN, ANY CLAIMS.
IN THE EVENT THAT ANY OTHER LIMITATION OF GKF'S LIABILITY IS NOT GIVEN EFFECT, APPLIED OR ENFORCED, FOR ANY REASON WHATSOEVER, AND GKF IS FOUND TO BE LIABLE TO THE USER, THE AGGREGATE LIABILITY OF GKF, REGARDLESS OF THE NUMBER OR NATURE OF, OR CONNECTION (OR LACK OF CONNECTION) BETWEEN, ANY CLAIMS, FOR ANY DIRECT DAMAGES AND/OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR ANY USE OF THE SITE, SHALL BE LIMITED TO THE AMOUNT OF ONE THOUSAND, FIVE HUNDRED DOLLARS ($1,500).
THE FOREGOING APPLY TO GKF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS AND ANY OTHER PERSONS OR ENTITIES AS TO WHOM LIABILITY MAY BE ASSERTED BASED ON SUCH OTHER PERSONS' OR ENTITIES' RELATIONSHIP OR AFFILIATION WITH GKF.
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These Terms of Service/Legal Notices constitute the entire understanding and agreement between the parties hereto and supersede any and all prior or contemporaneous representations, understandings and agreements between GKF and the user with respect to the subject matter hereof, all of which are merged herein. It is expressly understood and agreed that no employee, agent or other representative of GKF has any authority to bind GKF with regard to any statement, representation, warranty, or other expression unless the same is specifically set forth herein, or to waive any right or condition. No usage of trade or custom and practice within the industry, and no regular practice or method of dealing between the parties hereto, shall be used to modify, supplement or alter in any manner these Terms of Service/Legal Notices or any part hereof. These Terms of Service/Legal Notices are governed by California law and shall be binding upon and inure to the benefit of each of the parties hereto and their respective legal successors and assigns. If any provision of these Terms of Service/Legal Notices is determined by any court of competent jurisdiction, or arbitrator or other legal authority with competent jurisdiction, to be void, invalid, illegal or unenforceable in any respect for any reason whatsoever, such provision shall be construed as being limited or reduced to the extent necessary for it to be valid and enforceable, or shall be reformed so as to make it valid and enforceable (and the court, arbitrator or other legal authority is authorized and directed to make such reformation). If such construction or reformation is not feasible, then such provision shall be deemed to be stricken herefrom, and the remainder hereof shall continue to be valid and enforceable, and shall be enforced, according to its terms.
GKF reserves the right, in its sole discretion, to modify, add to or delete portions of these Terms of Service/Legal Notices at any time by posting updated Terms of Service/Legal Notices on the Site. Please check these terms from time to time for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Site following the posting of updated Terms of Service/Legal Notices will mean that you agree to those changes.
Please contact us at ctagawa@ashs.com with any questions regarding these Terms of Service/Legal Notices. |
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