Financial ManagementTerms of Use
By using this site, you signify you agree to these Terms and Conditions.
If you do not agree to all of these Terms and Conditions of use, do not use this site.
OrthoCarolina, P.A. ("OrthoCarolina") may revise and update these Terms and Conditions at any time. Your continued usage of the OrthoCarolina website ("OrthoCarolina Site" or the "Site,") will mean you accept those changes.
Use of Content
a. The contents of the OrthoCarolina Site, such as text, graphics,
images, information obtained from OrthoCarolina's licensors, and other
material contained on the OrthoCarolina Site ("Content") is protected by
copyright under both United States and foreign laws. Title to the
Content remains with OrthoCarolina 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
OrthoCarolina. All rights not expressly granted herein are reserved to
OrthoCarolina and its licensors.
b. The Content is for informational purposes only and is not intended
to be a substitute for professional medical advice, diagnosis, or
treatment. You should always seek the advice of a physician or other
qualified health provider with any questions you may have regarding a
medical condition. You should not disregard professional medical advice
or delay in seeking advice because of something you read on the
OrthoCarolina Site.
c. OrthoCarolina authorizes you to view or download a single copy of
the material on the OrthoCarolina Site solely for your personal,
noncommercial use if you include the following copyright notice:
"Copyright © 2010, OrthoCarolina, P.A. 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 OrthoCarolina Site may be included elsewhere
within the Site and are incorporated into these Terms and Conditions by
reference.
d. 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 OrthoCarolina and its Licensors
a. The use of the OrthoCarolina Site and the Content is at your own risk.
b. When using the OrthoCarolina Site, information will be transmitted
over a medium that may be beyond the control and jurisdiction of
OrthoCarolina and its suppliers. Accordingly, OrthoCarolina 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 OrthoCarolina Site.
c. The OrthoCarolina Site and the Content are provided on an "as is"
basis. ORTHOCAROLINA, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting
the foregoing, OrthoCarolina, its licensors, and its suppliers make no
representations or warranties about the following:
i. The accuracy, reliability, completeness, currentness, or timeliness
of the Content, software, text, graphics, links, or communications
provided on or through the use of the OrthoCarolina Site or
OrthoCarolina.
ii. The satisfaction of any government regulations requiring disclosure
of information on prescription drug products or the approval or
compliance of any software tools with regard to the Content contained on
the OrthoCarolina Site.
d. In no event shall OrthoCarolina, its licensors, its suppliers, or
any third parties mentioned on the OrthoCarolina Site be liable for any
damages (including, without limitation, incidental and consequential
damages, personal injury/wrongful death, lost profits, or damages
resulting from lost data or business interruption) resulting from the
use of or inability to use the OrthoCarolina Site or the Content,
whether based on warranty, contract, tort, or any other legal theory,
and whether or not OrthoCarolina, its licensors, its suppliers, or any
third parties mentioned on the OrthoCarolina Site are advised of the
possibility of such damages. OrthoCarolina, its licensors, its
suppliers, or any third parties mentioned on the OrthoCarolina Site
shall be liable only to the extent of actual damages incurred by you,
not to exceed U.S. $1000. OrthoCarolina, its licensors, its suppliers,
or any third parties mentioned on the OrthoCarolina Site are not liable
for any personal injury, including death, caused by your use or misuse
of the Site, Content, or Public Areas (as defined below). Any claims
arising in connection with your use of the Site, any Content, or the
Public Areas must be brought within one (1) year of the date of the
event giving rise to such action occurred. Remedies under these Terms
and Conditions are exclusive and are limited to those expressly provided
for in these Terms and Conditions.
User Submissions
a. Persons who are OrthoCarolina patients should not submit personal
medical information through this Site. If you are an OrthoCarolina
patient, you should direct all specific health-related inquiries and
information to your OrthoCarolina provider directly in the manner
specified by your provider. If you think you may have a medical
emergency, you should call 911 immediately.
b. Submission of personal medical information or a health-related
inquiry through this Site does not create a physician-patient
relationship with OrthoCarolina or an OrthoCarolina health care
provider. If you would like to become a patient of OrthoCarolina, please
make an appointment by calling one of the phone numbers listed on the
Site.
c. The personal information you submit to OrthoCarolina is governed by
the OrthoCarolina Privacy Policy. To the extent there is an
inconsistency between this Agreement and the OrthoCarolina Privacy
Policy, this Agreement shall govern.
d. You agree that you will not upload or transmit any communications or
content of any type to the Public Areas (including blogs, message
boards, 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.
e. If you make any such submission, you agree that you will not send or
transmit to OrthoCarolina 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 OrthoCarolina by
email, you agree such submission is non-confidential for all purposes.
f. If you make any submission to a Public Area or if you submit any
business information, idea, concept or invention to OrthoCarolina by
email, you automatically grant or warrant that the owner of such content
or intellectual property has expressly granted OrthoCarolina 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. OrthoCarolina 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 OrthoCarolina by email. We try
to answer every email in a timely manner, but are not always able to do
so.
User Submissions - Image, Video, Audio Files
a. You agree only to post or upload Media (like photos, videos or
audio) that you have taken yourself or that you have all rights to
transmit and license and which do not violate trademark, copyright,
privacy or any other rights of any other person. Photos or videos of
celebrities and cartoon or comic images are usually copyrighted by the
owner.
b. To protect your privacy, you agree that you will not submit any
media that contains Personally Identifiable Information (like name,
phone number, email address or web site URL) of you or of anyone else.
Uploading media such as images or video of other people without their
written permission is strictly prohibited.
c. By uploading any media on the OrthoCarolina site, you warrant that
you have permission from all persons appearing in your media for you to
make this contribution and grant rights described herein. Never post a
picture or video of or with someone else unless you have their explicit
permission.
d. It is strictly prohibited to upload media of any kind that contain
expressions of hate, abuse, offensive images or conduct, obscenity,
pornography, sexually explicit or any material that could give rise to
any civil or criminal liability under applicable law or regulations or
that otherwise may be in conflict with these Terms and Conditions, and
the OrthoCarolina Privacy Policy.
e. You agree that you will not upload any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or this Web site.
f. By uploading any media like a photo or video, (a) you grant to
OrthoCarolina a perpetual, non-exclusive, worldwide, royalty-free
license to use, copy, print, display, reproduce, modify, publish, post,
transmit and distribute the media and any material included in the
media; and (b) you certify that any person pictured in the submitted
media (or, if a minor, his/her parent/legal guardian) authorizes
OrthoCarolina to use, copy, print, display, reproduce, modify, publish,
post, transmit and distribute the media and any material included in
such media; and (c) you agree to indemnify OrthoCarolina and its
affiliates, directors, officers and employees and hold them harmless
from any and all claims and expenses, including attorneys' fees, arising
from the media and/or your failure to comply with these the terms
described in this document.
g. OrthoCarolina reserves the right to review all media prior to
submission to the site and to remove any media for any reason, at any
time, without prior notice, at our sole discretion.
Other Submissions
OrthoCarolina allows users of the OrthoCarolina Site to submit Personally Identifiable Information in connection with an online application for employment. OrthoCarolina's treatment and use of such submitted Personally Identifiable Information is governed by the OrthoCarolina Privacy Policy. In addition, OrthoCarolina provides an opportunity for users of the OrthoCarolina Site to submit complaints online through its OrthoCarolina Customer Care Line. You agree that if your complaint relates to medical treatment or care, you will only give your name and indicate that you want to be contacted regarding your care through the OrthoCarolina Customer Care Line. The OrthoCarolina Site is not intended for users to seek treatment, medical advice or diagnosis. The treatment and use of information submitted through the OrthoCarolina Customer Care Line is governed by the privacy policy of our third party partner, Global Compliance, Inc., located at http://www4.globalcompliance.com/privacy-policy.html.
Passwords
OrthoCarolina has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your OrthoCarolina 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 OrthoCarolina account and password; (3) promptly inform OrthoCarolina of any need to deactivate a password. You grant OrthoCarolina 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. OrthoCarolina cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using OrthoCarolina tools and services.
OrthoCarolina Subscription Services
If you choose to subscribe to one of OrthoCarolina's subscription services, such as the OrthoCarolina Electronic Newsletter Service, you agree that all content and materials you receive from OrthoCarolina by virtue of such subscription are "Content" for the purposes of these Terms and Conditions and are provided by OrthoCarolina subject to the terms and conditions relating to Content as set forth herein. For the avoidance of doubt, in no event shall OrthoCarolina, its licensors, its suppliers, or any third parties mentioned in the relevant content or materials be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or reliance on any content, materials or other information provided to you pursuant to an OrthoCarolina subscription service. OrthoCarolina's treatment of the personal information you submit during the enrollment process shall be governed by the OrthoCarolina Privacy Policy.
OrthoCarolina Live and Member to Member Areas ("Public Areas")
a. If you use a Public Area, such as a chat room, message boards, blogs
or 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.
OrthoCarolina and its licensors are 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.
b. 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:
i. Using a Public Area for any purpose in violation of local, state, national, or international laws;
ii. Posting material that infringes on the intellectual property rights
of others or on the privacy or publicity rights of others;
iii. Posting material that is unlawful, obscene, defamatory,
threatening, harassing, abusive, slanderous, hateful, or embarrassing to
any other person or entity as determined by OrthoCarolina in its sole
discretion;
iv. Posting advertisements or solicitations of business;
v. 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);
vi. Posting chain letters or pyramid schemes;
vii. Impersonating another person;
viii. Distributing viruses or other harmful computer code;
ix. Harvesting or otherwise collecting information about others,
including email addresses, their identification for posting or viewing
comments, etc., without their consent;
x. Allowing any other person or entity to use your identification for posting or viewing comments;
xi. Posting the same note more than once or "spamming"; or
xii. 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 OrthoCarolina, exposes OrthoCarolina or any of its
customers or suppliers to any liability or detriment of any type.
c. OrthoCarolina reserves the right (but is not obligated) to do any or all of the following:
i. Record the dialogue in public chat rooms.
ii. 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).
iii. Remove communications which are abusive, illegal, or disruptive,
or that otherwise fail to conform with these Terms and Conditions.
iv. Terminate a user's access to any or all Public Areas and/or the
OrthoCarolina Site upon any breach of these Terms and Conditions.
v. Monitor, edit, or disclose any communication in the Public Areas.
vi. Edit or delete any communication(s) posted on the OrthoCarolina
Site, regardless of whether such communication(s) violate these
standards.
d. OrthoCarolina or its licensors have no liability or responsibility
to users of the OrthoCarolina Site or any other person or entity for
performance or nonperformance of the aforementioned activities.
Advertisements, Searches, and Links to Other Sites
OrthoCarolina may provide links to third-party web sites. OrthoCarolina also may select certain sites as priority responses to search terms you enter and OrthoCarolina may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. OrthoCarolina does not recommend and does not endorse the content on any third-party websites. OrthoCarolina is not responsible for the content of linked third-party sites, sites framed within the OrthoCarolina 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. OrthoCarolina does not endorse any product, service, or treatment advertised on the OrthoCarolina Site.
Online Payments
a. To the extent you utilize OrthoCarolina's online payment services,
you acknowledge that there cannot be a guarantee that communications or
payment transactions conducted online will be absolutely secure. You
further acknowledge that there may be system failure that may limit your
ability to use the online payment services. You agree to assume all
risk and liability arising from your use of OrthoCarolina's online
payment services, including the risk of breach in the security of the
communications or transactions you conduct with OrthoCarolina online.
OrthoCarolina's online payment services are provided "As Is" without
warranty of any kind, whether expressed or implied, including without
limitation the implied warranties of merchantability fitness for a
particular purpose or otherwise.
b. You are solely responsible for maintaining the confidentiality of
your password, and agree that OrthoCarolina will have no obligations
with regard thereto. You agree not to give your password to anyone. If
you believe your password has been lost or stolen or someone has gained
access to your password without your permission, call us immediately at
the OrthoCarolina Business Services Department at (704) 323-2455. If you
use a third party vendor (or distributor) to pay your OrthoCarolina
payment and you disclose to such vendor your username, password, account
number, OrthoCarolina will not be responsible for the accuracy and
timeliness of processing your payment.
c. For purposes of identification, payments and marketing, you agree to
provide OrthoCarolina with current, accurate, complete, and updated
information required by the registration for online payment, including
legal name, address, telephone number(s), and applicable payment data
(e.g., credit card or bank account number). You agree to notify
OrthoCarolina immediately of any changes in your registration data.
Proceeding with the registration process indicates your intent to comply
with these terms and conditions. Please review our Privacy Policy.
d. By accepting these terms and conditions, you acknowledge that
OrthoCarolina will initiate an ACH debit or credit card debit to the
payment account(s) that you have provided.
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.
Indemnity
You agree to defend, indemnify, and hold OrthoCarolina, 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
a. OrthoCarolina is based in Charlotte, North Carolina in the United
States of America with principal offices in Charlotte, North Carolina.
OrthoCarolina makes no claims that the Site and the Content are
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 OrthoCarolina Site from outside the United
States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
b. The following provisions survive the expiration or termination of
this Agreement for any reason whatsoever: Liability, User Submissions,
User Submissions - Image, Video, Audio Files, Indemnity, Jurisdiction,
and Complete Agreement.
Jurisdiction
a. You expressly agree that exclusive jurisdiction for any dispute with
OrthoCarolina, or in any way relating to your use of the OrthoCarolina
Site, resides in the state courts of Mecklenburg County, North Carolina,
and in the federal courts in the Western District of North Carolina,
Charlotte Division and you further agree and expressly consent to the
exercise of personal jurisdiction of such courts in connection with any
such dispute including any claim involving OrthoCarolina or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers.
b. These Terms and Conditions are governed by the internal substantive
laws of the State of North Carolina, 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.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe
your copyright, you may request removal of those materials (or access
thereto) from this web site by contacting OrthoCarolina's copyright
agent (identified below) and providing the following information:
a. Identification of the copyrighted work that you believe to be
infringed. Please describe the work, and where possible include a copy
or the location (e.g., URL) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and
its location. Please describe the material, and provide us with its URL
or any other pertinent information that will allow us to locate the
material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of
use of the materials is not authorized by the copyright owner, its
agent, or the law.
e. A statement that the information that you have supplied is accurate,
and indicating that "under penalty of perjury," you are the copyright
owner or are authorized to act on the copyright owner's behalf.
f. A signature or the electronic equivalent from the copyright holder
or authorized representative. OrthoCarolina's agent for copyright issues
relating to this web site is as follows:
OrthoCarolina
Attn: Blair Primis
4601 Park Rd., Suite 250
Charlotte, NC 28209
In an effort to protect the rights of copyright owners, OrthoCarolina
maintains a policy for the termination, in appropriate circumstances, of
subscribers and account holders of the Site who are repeat infringers.
Complete Agreement
Except as expressly provided in a particular "legal notice" on the
OrthoCarolina Site, these Terms and Conditions and the OrthoCarolina
Privacy Policy constitute the entire agreement between you and
OrthoCarolina with respect to the use of the OrthoCarolina Site and
Content.
Thank you for your cooperation. We hope you find the OrthoCarolina.com
Site helpful and convenient to use! Questions or comments regarding
this website, including any reports of non-functioning links, should be
submitted to blair.primis@orthocarolina.com or via U.S. mail to:
OrthoCarolina
Attn: Blair Primis
4601 Park Rd., Suite 250
Charlotte, NC 28209