Terms of Use
All users of this website (this “Site”) agree that access to and use of this Site is subject to the following terms and conditions and other applicable laws. By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy, which is incorporated herein by reference. If you do not agree to the Terms of Use and our Privacy Policy, please do not use this Site.
Electronic Communications
The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Copyright
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of OnPoint Healthcare Partners, Inc. (“OnPoint”). The collective work includes works that are licensed to OnPoint. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of this Site solely for non-commercial use, or to request a quote with OnPoint. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by OnPoint. You further agree not to change or delete any proprietary notices from materials downloaded from this Site.
Trademarks
All trademarks, service marks and trade names of OnPoint as used on this Site are trademarks or registered trademarks of OnPoint. All other trademarks, product names, company names, logos, and/or service marks mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to use or display the intellectual property of (registered or unregistered) of OnPoint in any manner without its written permission unless such use or display is permitted by these Terms of Use.
Warranty Disclaimer
This Site and the materials and products on this Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, OnPoint disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. OnPoint does not represent or warrant that the functions contained in this Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes this Site available are free of viruses or other harmful components. OnPoint does not make any warranties or representations regarding the use of the materials on this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
OnPoint does not warrant that this Site will operate uninterrupted or error-free or that this Site and the server that hosts it are virus-free. Under no circumstances shall we be liable for any direct, indirect, special or consequential or punitive damages that result from your use of this Site. We assume no responsibility for the conduct or acts of users or other third parties. In addition, we assume no responsibility for the content, security or privacy practices of the websites of other companies for which we provide links on this Site.
If you are dissatisfied with this Site or with any of this Site’s Terms of Use, your sole and exclusive remedy is to discontinue using this Site. Because some states do not allow the exclusion or limitation of certain liabilities, the limitations as stated herein may not apply to you. In such states, our liability and the liability of any related entity, and our and their officers, directors, employees, agents and/or content service providers, is limited to the fullest extent permitted by such jurisdiction.
Indemnification
You agree to indemnify, defend and hold harmless OnPoint, its subsidiaries, affiliates, and its respective officers, directors, agents, partners from any liability, loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use or any violation of applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims.
Term; Termination
These Terms of Use, together with our Privacy Policy, are applicable to you upon your accessing this Site and/or completing the registration or shopping process. These Terms of Use, or any part of them, may be terminated or modified by OnPoint without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability and Indemnification shall survive any termination.
Applicable Law; No Waiver; Severability
These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of Texas, without giving effect to any principles of conflicts of law. Any failure on our part to exercise any right or provision as stated in these Terms of Use, together with the Privacy Policy, will not constitute a waiver of such right or provision. If any provision of these Terms of Use, together with any Privacy Policy, is found by a court of competent jurisdiction to be invalid, you and we agree that the court should endeavor to give effect to the intentions as reflected in the provision, and other provisions of these Terms of Use will remain in full force and effect.
Use of Site
You are required to follow certain protocols when using this Site, which include but are not limited to:
- Monitoring, copying, or scraping content by any manual or automatic process including robot and spider software other than for the purpose of compiling Search Engine Results pages is prohibited.
- Obtaining, or attempt to obtain, access to areas of this Site that are not intended for access by you is prohibited.
- You shall not “flood” this Site with requests or otherwise overburden, disrupt or harm this Site or its systems.
- You shall not use automated means to access this Site, or gain unauthorized access to this Site or to any account or computer system connected to this Site.
- You shall comply with all Terms of Use and the Privacy Policy of this Site at all times.
Third-Party Links
In an attempt to provide increased value to our visitors, OnPoint may link to websites operated by third parties. However, even if the third party is affiliated with OnPoint, OnPoint has no control over these linked sites, all of which have separate terms of use and privacy and data collection practices. When you visit a linked website, you should read the terms and conditions and privacy policy that govern that particular website. OnPoint shall not be responsible for the terms of use or privacy and data collection practices of such third parties.
Copyright Infringement Notices
If you are copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this website in a manner that constitutes copyright infringement, please inform us by sending written notice to OnPoint Healthcare Partners, Inc., 2201 Long Prairie Rd., Suite 107-394, Flower Mound, TX 75022.
