By using this site, you signify that you have read and assent to these Terms and Conditions of Use. If you do not agree to follow all of the Terms and Conditions of Use, do not use this site.
Markham McHenry, D.O. reserves the right to update these Terms and Conditions of Use at any time. Your continued use of the Markham McHenry, D.O. website means that you accept those changes.
This site does not provide medical advice. The content of the Markham McHenry, D.O. site, including text, graphics, images, information obtained from licensors, and other material (“Content”) contained on the Markham McHenry, D.O. site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your medical condition. Never disregard professional medical advice or delay seeking it because of something you’ve read on the website.
CODE OF CONDUCT AND POSTINGS
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is nonconfidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted Markham McHenry, D.O. a royalty-free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.
Your use of the Site and any Service is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. Your user ID is personal to you and you may not allow any others to use your user ID under any circumstances. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use or activity using your user ID or if you have any security concerns. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your e-mail address, account or user ID. You may not use, allow or enable others to use our Service or knowingly allow use by others, in any manner that is, attempts or is likely to:
– (a) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive which may or may appear to impersonate anyone else.
– (b) affect adversely or reflect negatively on us, our Service or on our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion of our Service, from becoming a Subscriber or from advertising, linking or becoming a supplier or licensor to us;
– (c) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, “spamming” (i.e., SPAM) or “phishing”;
– (d) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for compensation or through links with any other website or web pages;
– (e) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware or other potentially harmful programs, material, code or information;
– (f) forge any TCP/IP packet header or part of the header information in any message, e-mail, chat or posting for any reason;
– (g) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
– (h) gain unauthorized access to our Service or any other users’ account, user ID, names, passwords, Personal Information, Subscriber information, profile, or other computers, websites or web pages connected or linked to our Service or to use our Service in any manner which violates or is inconsistent with these Terms;
– (i) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Service or the rights or use and enjoyment of our Service by others; or
– (j) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Site.
You are solely responsible and liable for Postings made under your user ID, name, user name, e-mail address, password and/or your registration, subscription and/or profile information, if any. Postings do not reflect our views and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Posting, nor do we endorse or support any opinions or ideas expressed in any Posting. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Posting. If we determine, in our sole discretion, you have not complied with any of our Terms or if, in our judgment, you or any Posting violates these Terms, we reserve the right, at any time, without notice and without limiting any and all other rights we may have, at law or in equity, to (a) refuse to allow you to Post again, (b) remove and delete your profile, any Postings, your registration, subscription, user ID, user name or any other indicia or authorization to use all or any of our Site, (c) revoke your registration and right to use all or any of our Services, and (d) use any technological, legal, operational or other means available to enforce these Terms, including, without limitation, blocking specific IP addresses or deactivating your registration, access rights using your e-mail address, your user ID, user name and/or password.
Our Site has a finite, and therefore limited, capacity and some Postings and messages may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver any Postings or messages or for any failure, inaccuracy or delay. Do not rely on the timeliness or performance of our Site for any transactions, Posting, messages or other communications.
USE OF CONTENT
Markham McHenry, D.O. authorizes you to view or download a single copy of the material on the Markham McHenry, D.O. website solely for your personal, noncommercial use. Any use of the Content must carry the copyright notice as follows: “Copyright© 2010-2020 Markham McHenry, D.O.. All rights reserved.” Duplication of our Content for distribution by any means including on the Web is not allowed unless you obtain a content license from Markham McHenry, D.O. Linking to our website, including links to individual pages of our website, is allowed.
The Content is protected by copyright under United States and foreign laws. Title to the Content remains with Markham McHenry, D.O. or its licensors. Any use of the Content not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of Markham McHenry, D.O.. If you violate any of these terms and conditions your permission to use the Content automatically terminates, and you must immediately destroy any copies of any portion of the Content.
LIABILITY OF MARKHAM MCHENRY, D.O. AND ITS LICENSORS
The use of the Markham McHenry, D.O. site and its Content is at your own risk.
When using the Markham McHenry, D.O. site, information is transmitted over a medium which is beyond the control and jurisdiction of Markham McHenry, D.O.. Accordingly, Markham McHenry, D.O. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Markham McHenry, D.O. site.
The Markham McHenry, D.O. site and the Content are provided on an “as is” basis. Markham McHenry, D.O. and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, noninfringement of third-party rights, and fitness for a particular purpose. Specifically, Markham McHenry, D.O. makes no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.
- The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the Markham McHenry, D.O. site.
In no event shall Markham McHenry, D.O., its licensors, or any third party(ies) mentioned on the Markham McHenry, D.O. site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, and damages resulting from lost data or business interruption) resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not Markham McHenry, D.O. is advised of the possibility of such damages. Markham McHenry, D.O. is not liable for any personal injury, including death, caused by the use or misuse of the site. Content or public areas must be brought within one year of the date of the occurrence of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
ADVERTISING AND LINKS TO OTHER SITES
Markham McHenry, D.O. does not endorse the content of any third-party website. Markham McHenry, D.O. is not responsible for the content of links, third-party sites, sites framed within the Markham McHenry, D.O. site or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk. Markham McHenry, D.O. does not endorse any product advertised on the Markham McHenry, D.O. site.
You agree to defend, indemnify, and hold Markham McHenry, D.O., its officers, directors, employees, agents, licensers, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions.
Markham McHenry, D.O. is based in Scottsdale, Arizona in the United States of America. Markham McHenry, D.O. makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Markham McHenry, D.O. site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the Terms and Conditions for any reason whatsoever.
You expressly agree that exclusive jurisdiction for any dispute with Markham McHenry, D.O. or in any way relating to your use of the Markham McHenry, D.O. site, resides in the Courts of the State of Arizona, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of Arizona in connection with any dispute including any claim involving Markham McHenry, D.O. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the State of Arizona, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and Conditions do not constitute the entire agreement between you and Markham McHenry, D.O. with respect to the use of the Markham McHenry, D.O. site and Content. Your use of the Markham McHenry, D.O. site is also subject to the Markham McHenry, D.O. disclaimers and policies posted herewith.