Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” “you,” “your,” or “yourself,” are parties to this agreement. Emergency Medicine Specialists, S.C. (”Company,” “we,” “our, ”or “us”) is a party to this agreement.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Use Of Information From This Website
Unless you have entered an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the owners of the Site with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that You understand that accepting this provision is a condition of accessing the Site and that accessing the Site constitutes acceptance.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Ownership Of Website Or Right To Use, Sell, Publish Contents Of This Website
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the owners of the Site with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing the Site and that accessing the Site constitutes acceptance.
Disclaimer For Contents Of Site
The Company disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on the Site. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless You have otherwise formed an express contract to the contrary with us, You have no right to rely on any information contained herein as accurate. We make no such warranty.
Disclaimer of Warranties
We assume no responsibility for damage to computers or software of Visitor or any person Visitor subsequently communicates with from corrupting code or data that is inadvertently passed to Visitor’s computer. Visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
Visitor downloads information from this site at his own risk. The Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
Limitation Of Liability
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow your lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using the Site.
Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.
No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Company.
In no case shall Visitor have the right to go to court or have a jury trial. Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; You will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
Jurisdiction And Venue
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the Company unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Company.
Visitor agrees that the applicable law to be applied shall, in all cases, be that of the State of Wisconsin. As such, these terms and conditions are governed by the laws of the United States of America and the laws of the State of Wisconsin.
Waiver and Severability
Emergency Medicine Specialists, S.C.
10625 West North Avenue
Wauwatosa, Wisconsin 53226
Contact Email: email@example.com