Terms & Conditions | Midwest Orthopedic Specialty Services

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Terms & Conditions

This Web site is an online information service provided by Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital. Your use of this site is governed by the policies, terms and conditions offered below (the “Terms and Conditions of Use”). Please read the Terms and Conditions of Use carefully before accessing or using this site. By accessing or using this site, you agree to be bound by all of the Term and Conditions of Use, which are intended to be fully effective and binding upon Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital and users. Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital may modify the Terms and Conditions of Use at any time, and such modifications shall be effective immediately upon posting. You agree to review the Terms and Conditions of Use periodically to be aware of such modifications and your accessing or using this site constitutes your acceptance of the Terms and Conditions of Use as it appears at the time of your access or use.

Please read the following information carefully:

Medical Disclaimer

The information contained on this site is not intended nor implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

Nothing contained on this site is intended to be for medical diagnosis or treatment. If you think you have a medical emergency, call your physician or 911 immediately.

Restrictions on Use 

This site is intended for personal, non-commercial, informational use only. No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in anyway, except that you may download one copy of the materials on any single computer for your personal, non-commercial use, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association or endorsement of any product, service, opinion, or cause by Midwest Orthopedic Specialty Services or Midwest Orthopedic Specialty Hospital, (iv) you do not download quantities of materials to a data base that can be used to avoid future downloads.

Privacy Policy 

Our privacy policy, as it may change from time to time, is a part of the Terms and Conditions of Use. You authorize Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital to use and transfer or sell all information provided by you in any matter consistent with our privacy policy and applicable law.

Disclaimer of Warranties 

MIDWEST ORTHOPEDIC SPECIALTY SERVICES AND MIDWEST ORTHOPEDIC SPECIALTY HOSPITAL DO NOT MAKE ANY EXPRESS WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER AND HEREBY DISCLAIMS ALL IMPLIED WARRENTIES (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, MIDWEST ORTHOPEDIC SPECIALTY SERVICES AND MIDWEST ORTHOPEDIC SPECIALTY HOSPITAL DO NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL MIDWEST ORTHOPEDIC SPECIALTY SERVICES OR MIDWEST ORTHOPEDIC SPECIALTY HOSPITAL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS SITE.

You understand that, except for information, products or services clearly identified as being supplied by Midwest Orthopedic Specialty Services or Midwest Orthopedic Specialty Hospital does not operate, control or endorse any information, products or services on the Internet, including on or linked to this site, in any way. You also understand that Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital cannot and do not guarantee or warrant that files available for downloading through the site will be free of infection or viruses or other code that manifest contaminating or destructive properties. MIDWEST ORTHOPEDIC SPECIALTY SERVICES AND MIDWEST ORTHOPEDIC SPECIALTY HOSPITAL DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THIS SITE.

Limitations of Liability 

IN NO EVENT SHALL MIDWEST ORTHOPEDIC SPECIALTY SERVICES OR MIDWEST ORTHOPEDIC SPECIALTY HOSPITAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, OR SITES ACCESSED THROUGH THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

Indemnification 

You agree to indemnify, defend and hold Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital harmless from and against all losses, expenses, damages, claims and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms and Conditions of Use set forth herein or any activity related to your violation of the Terms and Conditions of Use or use of this site (including negligent or wrongful conduct) by you or any other person accessing the site

Applicable & Governing Laws

This site is intended for citizens of the Untied States of America. Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void the Terms and Conditions of Use in whole or in any essential part, or which makes accessing the site illegal, are unauthorized to use the site, and do so entirely at their own risk.

The Terms and Conditions of Use is entered into and performed in the State of Illinois, United States of America, and is governed by and shall be construed in all respects under the laws of Illinois, exclusive of its choice of law or conflict of laws provisions. If any of the provisions of the Terms and Conditions of Use are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions of Use shall otherwise remain in full force and effect. The Terms and Conditions of Use constitute the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere herein. Anything on the site inconsistent with or conflicting with the Terms and Conditions of Use is superseded by the Terms and Conditions of Use. Any dispute concerning or arising out of the site or your use of the site must be brought in the state or federal courts in Milwaukee, Milwaukee County, Wisconsin.

Trademark & Copyright

Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital logos are a trademark owned by Wheaton Franciscan Healthcare and Midwest Orthopedic Specialty Hospital. The information available through the site and the organization, graphics, designs, compilation and other matters related to the site are the property of Wheaton Franciscan Healthcare and Midwest Orthopedic Specialty Hospital and are protected by trademark, copyright and other intellectual property laws.

It is Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital policy to implement the procedures described in the Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) for the reporting of alleged copyright infringement.

Midwest Orthopedic Specialty Services and Midwest Orthopedic Specialty Hospital Designated Agent to receive notification of alleged infringement under the DMCA is: Terry.Schuster@wfhc.org. Upon receipt of notification in accordance with the DMCA of claimed infringement, Midwest Orthopedic Specialty Services or Midwest Orthopedic Specialty Hospital will follow the procedures outlined herein and in the DMCA.

To be effective, a notice of alleged copyright infringement to the Designated Agent must include the following:

(1) An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Midwest Orthopedic Specialty Services or Midwest Orthopedic Specialty Hospital to locate the material.

(4) Information reasonably sufficient to permit Midwest Orthopedic Specialty Services or Midwest Orthopedic Specialty Hospital to contact the complaining party, such as an address, telephone number, and, if available, an electronic e-mail address at which the complaining party may be contacted.

(5) A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.

(6) A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to include all of the above information may result in a delay of the processing or the DCMA notification.

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