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Terms and conditions of use

Please Read These Terms Carefully Before Using This Site

This Web site is provided by physiciancallservice.com and may be used for informational purposes only. The following terms and conditions govern your use of the physiciancallservice.com services and the materials available therein.

BY USING THE SITE OR DOWNLOADING MATERIALS FROM THE SITE, YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH IN THIS NOTICE, WHICH SHALL TAKE AFFECT IMMEDIATELY ON YOUR FIRST USE OF PHYSICIANCALLSERVICE.COM. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR DOWNLOAD MATERIALS FROM THE SITE.

Physiciancallservice.com may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by physiciancallservice.com. Your continued use of physiciancallservice.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

The Service

Physiciancallservice.com will enable you to access information concerning physicians’ schedules. As an integral part of the service, physiciancallservice.com may include third party advertising or marketing messages with the information.

Limited License

Only individuals authorized by the subscribing organization may access and use this service. Subject to the terms and conditions set forth in this Agreement, physiciancallservice.com grants subscribers a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. Subscribers may be restricted from accessing certain materials otherwise available. Materials and features may be added to or withdrawn from the service without notice.

Terms of Use

This authorization is not a transfer of title to the Materials and copies of the Materials. All right, title and interest (including all copyrights and other intellectual property rights) in the Materials (in both print and machine-readable forms) belong to the provider of this service or its third party suppliers of materials. You acquire no proprietary interest in the online services, materials or copies thereof.

You agree to use physiciancallservice.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of physiciancallservice.com. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, committing or encouraging conduct that would constitute a criminal offense or give rise to civil liability, disrupting the normal flow of dialogue within physiciancallservice.com or otherwise harming the web site or the materials therein.

By using this site, you also agree that, while using the site, you shall not impersonate or misrepresent your affiliation with any other person or entity, engage in spamming, flooding or attempt to gain unauthorized access to other computer systems through the site. You also agree you shall not use any device, software or otherwise, containing or transmitting any viruses, worms, time bombs, bots or Trojan horses, that damage or interfere with the proper working of the site.

Physician Call Service LLC makes no representation that materials in this site are appropriate or available for use in locations other than those serviced. Those who choose to access this site are responsible for compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property

The web site, its content, appearance, features and software are all protected intellectual property rights, including but not limited to patent rights, copyrights, trademarks, trade names and service marks. These rights are owned or licensed by Physician Call Service LLC and/or its licensors. These rights are retained by Physician Call Service LLC and your use of the service does not transfer either the title or the intellectual property rights of any of software, materials or information to you. Use of the site does not grant to you a license to any content, features or materials you may access on the site.

Your use of the web site and Materials is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public purpose; 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use; 4) you may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form; and 5) you have no right to resell, redistribute, republish, post, broadcast, transmit or make available to the public information, documents and/or materials on this site, nor any right to compile or create derivative works therefrom. All trademarks and logos are owned by Physician Call Service LLC and/or its licensors and you may not copy or use them in any manner.

Subject to the terms and conditions herein, you may print one (1) copy of the information on the site solely for your use or records. If you make other use of the site, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

By using this site, you agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other materials that you submit or otherwise communicate to the site, may be used by us in any manner. Any information you submit, other than that addressed in the Privacy Policy Statement, will be deemed not to be confidential or secret

Disclaimers

THE ONLINE SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED ON AN “AS IS’, “AS AVAILABLE” BASIS AND THE PROVIDER OF THE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS. PHYSICIAN CALL SERVICE LLC DOES NOT MAKE ANY REPRESENTATIONS CONCERNING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, USEFULNESS, SECURITY, THAT IT BE UNINTERRUPTED OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHYSICIAN CALL SERVICE LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

UNDER NO CIRCUMSTANCES WILL PHYSICIAN CALL SERVICE LLC BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF PHYSICIANCALLSERVICE.COM.

YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. PHYSICIAN CALL SERVICE LLC RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, AND MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS, PRODUCTS, SERVICES OR PRICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

PHYSICIAN CALL SERVICE LLC EXPRESSLY DISCLAIMS ANY WARRANTIES CONCERNING LACK OF VIRUSES, BUGS, SPAM OR OTHER CODE WITH DESTRUCTIVE PROPERTIES, AND SHALL NOT BE RESPONSIBLE FOR ANY MALFUNCTIONS, ERRORS, CRASHES OR OTHER ADVERSE EVENTS THAT MAY OCCUR FROM YOUR USE OF THE SITE.

Physician Call Service LLC expressly disclaims any control over third-party sites and links to such sites are provided only as a convenience, with no endorsement or responsibility implied or expressed.

Indemnity

You agree to defend, indemnify and hold Physician Call Service LLC, its directors, officers, employees, agents, licensors and affililiates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the site or the placement or transmission of your material on or through the site by you, excluding only damages arising from the gross negligence or misconduct of Physician Call Service LLC.

Limitation of Liability

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION
THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

To the full extent permitted by law, you agree to waive any state law provisions prohibiting a general release. Under no circumstance will Physician Call Service LLC’s total liability to you exceed $100.00.

Governing Law

These Terms and Conditions, as well as any and all activities on the site, are governed by and construed in accordance with the laws of the State of Kansas, except for conflict of law matters. You hereby submit to the jurisdiction and exclusive venue of the state courts in Johnson County, Kansas and the federal courts in Kansas. In any jurisdiction that does not give effect to these Terms and Conditions, use is not authorized.