By visiting this nodSpecialists Site, You agree to the following:
Security of your Personal Information
- “nodSpecialists Home Page” means the internet web page that is the first web page User sees when accessing the nodSpecialists Site, which are the group of web pages owned or otherwise operated by nodSpecialists with the domain name www.nodspecialists.com.
- “nodSepcialists Site” or “Site” means nodSpecialists internet website www.nodspecialists.com and any internal blogs, bulletin boards, databases, interactive areas and similar forums which are under the sole control of nodSpecialists and are solely owned by nodSpecialists.
- “Third Party Site” means any and all internet websites, blogs, bulletin boards, interactive areas, and similar forums that are not owned by nodSpecialists and are not under nodSpecialists’ control, but may be accessible via or through the nodSpecialists Site.
- “Third Party Content” means any and all data, information, text, work, products or other material provided by a third party that appears on the nodSpecialists Site.
Access; Conditions to Use of the Site:
- 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 NODSPECIALISTS 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, NODSPECIALISTS also has the right to change, suspend, or discontinue any (or all) aspects of the NODSPECIALISTS 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.
- 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.
- As a condition of Your use of the NODSPECIALISTS Site, You covenant to NODSPECIALISTS 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 NODSPECIALISTS Site and any NODSPECIALISTS 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 NODSPECIALISTS Site.
- 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 NODSPECIALISTS 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 NODSPECIALISTS’ 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 NODSPECIALISTS’ 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 NODSPECIALISTS Site or any Third Party Site for any commercial purposes not permitted by NODSPECIALISTS.
- 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 NODSPECIALISTS Site, the NODSPECIALISTS 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 NODSPECIALISTS Site, NODSPECIALISTS 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 NODSPECIALISTS Site or the NODSPECIALISTS Server) may result in civil or criminal liability; and (b) NODSPECIALISTS 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. NODSPECIALISTS 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 NODSPECIALISTS Site and any Third Party Site. By Your use of the NODSPECIALISTS Site, You authorize NODSPECIALISTS to take such action.
- In the event this Agreement allows You to transmit any Content via or through the NODSPECIALISTS Site, or otherwise contribute any Content to the NODSPECIALISTS Site or to any Third Party Site, You hereby represent and warrant to NODSPECIALISTS that You have the lawful right to distribute and reproduce such Content and that you will do so in accordance with this Agreement and all applicable laws, rules, and regulations.
- You are solely responsible for Your conduct while using the NODSPECIALISTS 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 NODSPECIALISTS Site or any Third Party Site. NODSPECIALISTS takes no responsibility for any such online distribution, publication or other actions by You or by any other party. NODSPECIALISTS cannot and will not review every message or other Content You or any other party may generate or post, and NODSPECIALISTS is not responsible for the Content thereof.
- In addition to any other right to suspend or terminate this Agreement, NODSPECIALISTS 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 Agreement.
- 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 NODSPECIALISTS immediately of any unauthorized use of Your account or password.
- NODSPECIALISTS’ Privacy Statement is available here. NODSPECIALISTS’ Privacy Statement by this reference is incorporated into this Agreement.
- You, as a User, will indemnify and hold NODSPECIALISTS, 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 NODSPECIALISTS Site or any Third Party Site which is (i) in violation of any of the terms and conditions of this Agreement or the NODSPECIALISTS 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.
- You agree to release NODSPECIALISTS, and its parents, subsidiaries, affiliates, officers, and employees, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them.
No Professional Advice; Possible Errors and Revisions:
- The information, material and other services provided via, through or in the NODSPECIALISTS Site, including but not limited to, “Insurance” Site pages, “Patient Education” Site pages, “Find a Physician” Site pages, “Find a Practice” Site pages and all Third Party Content (collectively, the “Site Resources”) are provided to User for informational purposes only. While NODSPECIALISTS endeavors to provide the most current and accurate Site Resources as possible, this NODSPECIALISTS 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 NODSPECIALISTS 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 NODSPECIALISTS 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 NODSPECIALISTS Site may be general in nature, and may not apply to particular factual circumstances. Further, while NODSPECIALISTS endeavors to provide current and accurate Site Resources, this NODSPECIALISTS 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.
- THE SITE RESOURCES AVAILABLE THROUGH OR VIA THIS NODSPECIALISTS 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. NODSPECIALISTS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS NODSPECIALISTS SITE, SITE RESOURCES AND ITS NODSPECIALISTS 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). NODSPECIALISTS 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 NODSPECIALISTS Site to any entity, product, service, content, information or feature of Third Party Content or a Third Party Site does not constitute an endorsement, suggestion of sponsorship or recommendation by NODSPECIALISTS. No Third Party Site is authorized to make any representations or warranties on our behalf whatsoever. Your visits 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:
- NODSPECIALISTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ACCURACY OR CURRENTNESS OF THE SITE RESOURCES OR ANY OTHER FEATURES MADE AVAILABLE VIA OR THROUGH THE NODSPECIALISTS SITE. ALL SITE RESOURCES AND OTHER FEATURES OF THE NODSPECIALISTS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NODSPECIALISTS HEREBY DISCLANODSPECIALISTS 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. NODSPECIALISTS DOES NOT WARRANT THAT THE NODSPECIALISTS SITE AND THE SITE RESOURCES MADE AVAILABLE VIA, THROUGH OR ON THE NODSPECIALISTS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE NODSPECIALISTS SERVER MAKING THIS NODSPECIALISTS SITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
- NODSPECIALISTS 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 NODSPECIALISTS site or site resources made available VIA, THROUGH OR on this NODSPECIALISTS Site or any third party sites, EVEN IF NODSPECIALISTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- “Feedback” means all data and information (whether oral, written, electronic or otherwise) provided to NODSPECIALISTS by User as a part of User's use of the NODSPECIALISTS Site, and User's analysis of the features and functions of the NODSPECIALISTS Site, including, but not limited to: (i) any problems or deficiencies in the NODSPECIALISTS Site identified by User; (ii) any suggestions or requirements of User related to the NODSPECIALISTS Site not currently addressed in the NODSPECIALISTS Site; (iii) any improvements, modifications, changes, alterations, adaptations, conversions and derivative works of the NODSPECIALISTS 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 NODSPECIALISTS Site.
- All rights, title and interest in and to the Feedback of User shall be exclusively owned, and will be the sole property of NODSPECIALISTS. User further agrees that all of User’s Feedback shall be given exclusively to NODSPECIALISTS, and that User shall not use any of the Feedback as a benchmark for any products or services that compete with the NODSPECIALISTS Site.
- All of User’s Feedback shall be deemed “Confidential Information,” owned solely by NODSPECIALISTS. As such, User will not use, distribute, disclose, copy, or otherwise reproduce for any purpose other than testing the features and functions of the NODSPECIALISTS 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 NODSPECIALISTS’ Confidential Information confidential.
As a User, should You or anyone using Your privileges, violate the terms of this Agreement (as determined in NODSPECIALISTS’ sole discretion), NODSPECIALISTS 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 NODSPECIALISTS to terminate this Agreement, NODSPECIALISTS 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. NODSPECIALISTS is not required to provide mail or web page forwarding at termination.
- If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
- This Agreement and any documents referenced herein constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Site and use of the Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
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:
2375 E Camelback Road
Phoenix, AZ 85016