CONTINUING PAST THE HOME PAGE OF THIS SITE (AS SUCH TERMS ARE DEFINED BELOW) CONSTITUTES YOUR AGREEMENT AND ASSENT TO THIS AGREEMENT AND ALL TERMS AND CONDITIONS HEREIN. NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY Arizona Urology. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU GAIN ACCESS TO THIS SITE (THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE TO AND ACCEPT THIS AGREEMENT, YOU MUST LEAVE THIS SITE IMMEDIATELY. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
By visiting this Site, You agree to the following:
In addition to other defined terms in this Agreement, the following terms shall have the following meanings:
1.1 “Home Page” means the internet web page that is the first web page User sees when accessing the Site, which are the group of web pages owned or otherwise operated by Arizona Urology with the domain name of www.arizona-urology.com.
1.2 “Server” means the computer software and/or hardware that serves the Site to Users across the Internet, and which hosts the pages, scripts, programs, and multimedia files and serves them using a protocol designed to send files to users.
1.3 “Site” means Arizona Urology’s internet website at www.arizona-urology.com and any internal blogs, bulletin boards, databases, interactive areas and similar forums which are under the sole control of Arizona Urology and are solely owned by Arizona Urology.
1.4 “Third Party Site” means any and all internet websites, blogs, bulletin boards, interactive areas, and similar forums that are not owned by Arizona Urology and are not under Arizona Urology’s control, but may be accessible via or through the Site.
1.5 “Third Party Content” means any and all data, information, text, work, products or other material provided by a third party that appears on the Site.
Access; Conditions to Use of the Site
2.1 Subject to all of the terms and conditions of this Agreement, we hereby grant to You a non-exclusive, revocable, and limited right to access and use this Site in strict compliance with this Agreement (the “Access Right”). We reserve the right to suspend or revoke this Access Right at our sole discretion without notice. Notwithstanding the foregoing Access Right, Arizona Urology also has the right to change, suspend, or discontinue any (or all) aspects of the Site at any time, and from time to time, including the availability of any content or features on the Site. The Access Right (and all other rights, if any) granted to User pursuant to this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
2.2 The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site, including, without limitation, modems, hardware, software, ISP providers, and any other telecommunication services.
2.2 As a condition of Your use of the Site, You covenant to Arizona Urology that You will not use this Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. You may not use this Site in any manner that could damage, disable, overburden, or impair the Site and any Arizona Urology Servers, or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
2.3 Without limiting the generality of the foregoing, You agree to all of the following provisions: (a) You will not upload to, e-mail, distribute or otherwise publish or transmit on or through the Site, or on or through any Third Party Site (as such term is defined herein), any message, data, information, text, work, or other material (“Content“) that is (in Arizona Urology’s determination) unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (b) You will not upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or would otherwise create liability or violate any local, state, federal or international law; (c) You will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) You will not impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; (e) You will not, without Arizona Urology’s prior written permission, distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; and (f) You will not use the Site or any Third Party Site for any commercial purposes not permitted by Arizona Urology.
2.4 Without limiting the generality of the foregoing, You agree to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of the Site, the Server or any Third Party Site, including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to, or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Site, Server, or any Third Party Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Any violations of any system or network security (including, but not limited to, that of the Site or the Server) may result in civil or criminal liability; and (b)Arizona Urology has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Arizona Urology reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the Site and any Third Party Site. By Your use of the Site, You authorize Arizona Urology to take such action.
2.5 In the event this Agreement allows You to transmit any Content via or through the Site, or otherwise contribute any Content to the Site or to any Third Party Site, You hereby represent and warrant to Arizona Urology that You have the lawful right to distribute and reproduce such Content and that you will do so in accordance with this Agreement.
2.6 You are solely responsible for Your conduct while using the Site and any Third Party Site including, but not limited to, all Content of all e-mail messages You generate, all Content in all folders, web pages, blogs, interactive areas and all other interactions You generate, transmit, or maintain via or through the Site or any Third Party Site. Arizona Urology takes no responsibility for any such online distribution, publication or other actions by You or by any other party. Arizona Urology cannot and will not review every message or other Content You or any other party may generate or post, and Arizona Urology is not responsible for the Content thereof.
2.7 In addition to any other right to terminate this Agreement, Arizona Urology hereby has the absolute right to immediately terminate, without warning, any account and Access Rights which it believes, in its sole discretion, breaches any of the provisions of this Section 2.
Copyrights and Other Intellectual Property Rights; Reservation of Rights.
3.1 Arizona Urology’s policy is to respect the copyright and intellectual property rights of others. Arizona Urology has the absolute right to (i) immediately terminate, without warning, any Access Rights of Users who appear to infringe upon the copyright or intellectual property rights of others, and (ii) remove, download or upload any Content from, to, via or through the Site or any Third Party Site that, in Arizona Urology’s sole opinion, may infringe the copyright or other intellectual property rights of any third party.
3.2 This Agreement shall not be interpreted to transfer any rights in any intellectual property from Arizona Urology to User. Arizona Urology shall solely own all trademarks/service marks, logos, images, graphics, other Content (Third Party Content or other than Content that User can prove to Arizona Urology that User owns and is permitted by this Agreement to distribute via the Site), software, website designs, all other copyrights, and all other intellectual property provided in the Site and otherwise in furtherance of this Agreement (collectively, “Arizona Urology IP Assets”). Arizona Urology IP Assets may not be used by User without the prior written permission from Arizona Urology, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to Arizona Urology. No copyrighted material, Content, Third Party Content or any other Arizona Urology IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of Arizona Urology. Use of any of the Arizona Urology IP Assets is prohibited unless You are an authorized User in good standing. Unauthorized use is a violation of copyright and intellectual property rights and is actionable under law.
4.1 You are responsible for maintaining the confidentiality of your information, Your login and Your password. You shall be responsible for all uses of your login and password, regardless of whether these uses are authorized by You. You agree to notify Arizona Urology immediately of any unauthorized use of your account or password.
4.2 Arizona Urology’s Privacy Statement, is available here. Arizona Urology’s Privacy Statement by this reference is incorporated into this Agreement.
You, as a User, will indemnify and hold Arizona Urology, its parents, subsidiaries, affiliates, officers, and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of the User’s (or any third party using the User’s account) access to, or use of, the Site or any Third Party Site which is (i) in violation of any of the terms and conditions of this Agreement or the Site’s Privacy Statement; (ii) if in violation of any law, statute, or regulation anywhere; or (iii) without limiting the foregoing, is an infringement by the User, or any third party using the User’s account, of any intellectual property or other right of any person or entity anywhere.
No Professional Advice; Possible Errors and Revisions
6.1 The information, material and other services provided via, through or in the Site, including but not limited to, “Locations” Site pages, “Services” Site pages, “Your Visit” Site pages “Robotic Surgery” Site pages, “Health Library” Site pages, and all Third Party Content (collectively, the “Site Resources”) are provided to User for informational purposes only. While Arizona Urology endeavors to provide the most current and accurate Site Resources as possible, this Site, and the provision of such Site Resources, are not intended to provide professional advice or opinions or medical advice, diagnosis, treatment related to, or for the mitigation of, any symptom related to any of the subject matter contained in the Site Resources and the Site Resources should not be relied upon as such. Further, the Site and Site Resources are not intended as a substitute for obtaining professional advice or medical care from a physician or other qualified medical health professional and You should not act upon any Site Resources contained in this Site without seeking professional advice or medical care from a physician or other qualified medical health professional. The Site Resources contained in, via or through this Site may be general in nature, and may not apply to particular factual circumstances. Further, while Arizona Urology endeavors to provide current and accurate Site Resources, this Site may not reflect the most current developments and is not guaranteed to be complete, contemporaneous, or correct. If you have questions regarding a medical condition, always seek professional medical advice or medical care from your physician or other qualified medical health professional. Developments in the practice of medicine and other medical research may impact this information. If you think you may have a medical emergency, call your doctor or 911 immediately.
6.2 THE SITE RESOURCES AVAILABLE THROUGH OR VIA THIS SITE MAY BE SUPERSEDED AND/OR MAY INCLUDE INACCURACIES. In any situation where a document CONTAINED AS A SITE RESOURCE IS OBTAINED FROM ANOTHER SOURCE. IN THAT SITUATION, the OTHER SOURCE (AND ITS WEBSITE) takes precedence. Arizona Urology MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE, SITE RESOURCES AND ITS SERVERS AT ANY TIME.
Links to Third Party Sites
As a convenience to You, the Site may provide links or other access to Third Party Sites (as such term is defined above). Arizona Urology does not control the Third Party Sites or Third Party Content and is not responsible for the Content included in them including, without limitation, any subsequent links contained within a linked Third Party Site, or any changes or updates to a linked Third Party Site. Any reference from the Site to any entity, product, service, content, information or feature of Third Party Content or a Third Party Site does not constitute an endorsement or recommendation by Arizona Urology. No Third Party Site is authorized to make any representations or warranties on our behalf whatsoever. Your visit to any Third Party Sites are subject to the terms and conditions, and privacy policies, of such Third Party Sites. You should refer to each Third Party Site’s specific terms and conditions and privacy policies.
Disclaimer of Warranties; Disclaimer of Liability
8.1 ARIZONA UROLOGY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES OR ANY OTHER FEATURES MADE AVAILABLE VIA OR THROUGH THE SITE. ALL SITE RESOURCES AND OTHER FEATURES OF THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ARIZONA UROLOGY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ARIZONA UROLOGY DOES NOT WARRANT THAT THE SITE AND THE SITE RESOURCES MADE AVAILABLE VIA, THROUGH OR ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SERVER MAKING THIS SITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 Arizona Urology SHALL NOT be liable for any special, indirect, INCIDENTAL OR consequential damages or any damages whatsoever resulting from INCONVENIENCE, OR loss of use, RESOURCES or profits, whether in an action of contract, negligence or other TORTIOUS action, arising out of or in connection with the use or performance of the site or site resources made available VIA, THROUGH OR on this Site or any third party sites, EVEN IF Arizona Urology HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
10.1 “Feedback” means all data and information (whether oral, written, electronic or otherwise) provided to Arizona Urology by User as a part of User’s use of the Site, and User’s analysis of the features and functions of the Site, including, but not limited to: (i) any problems or deficiencies in the Site identified by User; (ii) any suggestions or requirements of User related to the Site not currently addressed in the Site; (iii) any improvements, modifications, changes, alterations, adaptations, conversions and derivative works of the Site that are, in whole or in part, made, conceived, or developed by User, at any time; and (iv) any other information or data collected by User that is related to or arising out of User’s analysis or other use of the Site.
10.2 All rights, title and interest in and to the Feedback of User shall be exclusively owned, and will be the sole property of Arizona Urology. User further agrees that all of User’s Feedback shall be given exclusively to Arizona Urology, and that User shall not use any of the Feedback as a benchmark for any products or services that compete with the Site.
10.3 All of User’s Feedback shall be deemed “Confidential Information,” owned solely by Arizona Urology. As such, User will not use, distribute, disclose, copy, or otherwise reproduce for any purpose other than testing the features and functions of the Site. User will take reasonable security precautions (at least as protective as the precautions it takes to preserve its own confidential information of a similar nature) to keep Arizona Urology’s Confidential Information confidential.
As a User, should You or anyone using Your privileges, violate the terms of this Agreement (as determined in Arizona Urology’s sole discretion), Arizona Urology reserves the right to take any action it deems appropriate, including, but not limited to, termination of this Agreement, including all Access Rights. In addition to any other right of Arizona Urology to terminate this Agreement, Arizona Urology further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access Rights. Arizona Urology is not required to provide mail or web page forwarding at termination.
This Agreement shall be construed and controlled by the laws of the State of Arizona. The laws of the State of Arizona will govern any dispute arising from the terms of this Agreement or a breach of this Agreement. You agree to personal jurisdiction by the state and federal courts sitting in the State of Arizona in Maricopa County.
Invalid Or Unenforceable Provisions
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the remainder of the Agreement shall continue in effect.
If You Have Questions
Arizona Urology Corporate Contact Information
3815 E. Bell Rd. Suite #4500
Phoenix, AZ 85032