Website Terms of Use

Welcome to WalnutHillMC.com (the “website”). Our services and products provided on this website are subject to the following terms and conditions (the “Terms of Use”). By using the website (other than to read this page for the first time), you agree to comply with and be bound by all of the Terms of Use set forth herein, effective at the time of your visit. Walnut Hill Medical Center makes every attempt to have correct, accurate and updated information on this website, however, due to limitations in available technology, we can not guarantee changes to these Terms of Use will be made in real time as soon as they are made. We reserve the right to amend or change our website and these Terms of Use at any time by posting new Terms of Use at this location. In addition, you can contact us with any questions relating to these Terms of Use at terms@WalnutHillMC.com.

It is pertinent that you read the Terms of Use in its entirety prior to utilizing this website or entering into business with us or providing us with any information over the internet.

YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. DO NOT USE THE WEBSITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE TO THE TERMS OF USE.

The following words will be used to refer to Walnut Hill Physicians’ Hospital, LLC, doing business as Walnut Hill Medical Center (the owner of this website): “Walnut Hill Medical Center”, “WHPH”, “we”, “us”, or “our”. The following words will be used to refer to the user of this website: “you” or “your”.

TERMS FOR ALL SITE USERS

**General Information.

“Walnut Hill Medical Center” is a registered trade name of Walnut Hill Physicians’ Hospital, LLC, a Texas limited liability company having an address at 7502 Greenville Avenue. Dallas, TX 75231-3802. If you have any questions or comments please contact us at terms@WalnutHillMC.com.

**Website Features, Functionality and Availability, Termination.

You may use the website when and as available. The website is intended to be available twenty-four (24) hours a day, seven (7) days a week, each and every day of the year. Due to certain outages and other unforeseeable circumstance, the website may be temporarily unavailable from time to time. Also, WHPH reserves the right to perform regular maintenances and make changes to the website, during which the website will also not be available.

We reserve the right to change or eliminate, and restrict or block access to all or any part of the website without notice.

**Privacy Policy.

Our Privacy Policy describes our practices regarding personally identifying information that we collect on our website users. You should review the terms and conditions of our Privacy Policy, by which you also agree to be bound as a condition of visiting the website or accessing any products or services offered on the website.

**Attribution of Electronic Acts; Passwords.

Several website activities require passwords, such as creating your account or patient registration. You must protect your password as confidential information and not disclose it to a third party. Through these Terms of Use you affirm that when your password is used, we may attribute all such use to you and you will be legally bound by it. It is strongly recommended by us that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized. It is also recommended that you change your password on a regular basis to further help protect yourself.

**Our Accuracy Caution; Your Responsibility to Get the Information You Need.

We make every attempt to have correct and current information published on this website. However, there might be inaccuracy of information on the website that is outdated or contains errors, inaccuracies, or omissions, including but not limited to descriptions of events, locations, products, pricing, product availability and tracking or other information. WHPH shall not be liable for any such inaccuracies.

Even if there is no inaccuracy, the product and service descriptions and all other information are intended only to be indicative. The information is not intended to be a guaranty or warranty. No information provided on the website is a substitute for professional instruction or personal experience. WHPH assumes no liability for the use of or reliance on information.

**Our Ownership of Content; Walnut Hill Medical Center © October 2013; All Rights Reserved.

All Content on or relating to the website is the property of Walnut Hill Medical Center or its affiliates and is protected by U.S. and international copyright, patent, trademark, trade dress and/or other intellectual property or additional laws, by these Terms of Use or notices, and by robot exclusion headers and other technological measures. No Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of these Terms of Use and any supplemental terms provided with the Content, or with our prior explicit consent in a separate record; all rights not expressly granted to you are reserved.

Modification or use of Content for any other purpose may violate intellectual property rights, and no title to copies or to intellectual property rights are transferred to you – all title and rights remain with us. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purposes of (1) obtaining a copy of these Terms of Use and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (2) using this website for information input or for ordering goods or services subject to these Terms of Use.

As used herein, "Content" means (without limitation) all trademarks, trade dress, logos, information, data, text, design, graphics, pictures, images, music, sound files, animation, video, interfaces, icons, software code, and the selection and arrangement of any or all of the foregoing appearing or included from time to time on or in the website. Some content is also subject to further terms and conditions provided in connection with the particular Content.

**Infringement of Our Rights or the Rights of Others.

You agree to respect the intellectual property and other informational rights included on this website. As for intellectual property rights of others, anyone who believes that their work has been reproduced in a way that constitutes copyright infringement may provide a notice to us at our address, listed above. It is our policy to terminate the use of contested content when it is determined, at out sole discretion, that the content constitutes any copyright infringement.

**Unsolicited Submissions Policy.

Unsolicited Submission is when you submit content to this website that we have not explicitly asked you to provide. You agree that when you make an Unsolicited Submission that you will not violate any third party rights relating to copyright, trademark or other personal or intellectual property rights or be libelous or unlawful, abusive, offensive, obscene, misleading, unfair or deceptive.

**Solicited Submissions Policy.

Solicited Submission is when we request you to provide a Submission to our website. You agree that when you make a Solicited Submission that you will not violate any third party rights relating to copyright, trademark or other personal or intellectual property rights or be libelous or unlawful, abusive, offensive, obscene, misleading, unfair or deceptive. Solicited Submissions will be made voluntarily without any expectation of compensation, either monetarily or otherwise. We welcome any Submissions regarding suggestions on how we may improve our website, services, or products.

We welcome individual input on our website, but only under our policies and only for non-confidential information that you own by yourself. You are solely responsible for what you provide and agree to save, defend, indemnify and hold us harmless from and against any claims made regarding your Submissions.

We do not want to receive Submissions if you expect to be compensated in some form or want to continue to own or claim rights in them via patent rights or to exercise intellectual property rights.

IF YOU MAKE A SUBMISSION (SOLICITED OR UNSOLICITED) TO THIS WEBSITE, THEN THAT WILL BE YOUR ACCEPTANCE OF WHPH’s POLICY OF (1) your assignment to WHPH of all of your rights (worldwide), title, interest and goodwill in the Submission; (2) your agreement that WHPH will become the sole owner of the Submission upon our receipt of it and may use it (or not use it) for all possible purposes and in all possible media, now or later known or unknown; and (3) your agreement that WHPH is and shall be under no obligation to (a) maintain any Submission in confidence; (b) respond to or provide credit for any Submission; or (c) pay or provide any other consideration to you or anyone else for a Submission.

"Submission" means all reviews, comments, feedback, videos, postal mail, e-mails or other communications, suggestions, ideas, copyrighted works, information and anything else submitted or offered to us by you electronically, non-electronically, orally or otherwise.

You agree to indemnify, defend and hold WHPH harmless from any violations or alleged violations of any rights of a third party resulting from your Submissions. You hereby agree that you will not post Submissions that may be deemed unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.

**Links to or From Third Party Sites.

Our website may link to other Web sites and some Web sites link to ours. We provide these links as a convenience to you, but unless we specifically say so, we do not endorse the linked website or anything on it. Additionally, some services offered on or through the website are provided by third party service providers. Thus, even though the page might look like a WHPH page, it may not be. If you deal with a linked website or use their services, your transaction is not with WHPH, so you should review the linked website's "terms of use," other contract(s) and privacy policy before going forward with your transaction. Walnut Hill Medical Center is NOT responsible for any transactions you may have with these other Web sites.

**No Commercial Use; No Resale; No Extraction.

You may use the website solely for lawful and personal, non-commercial purposes in compliance with these Terms of Use. If you are using the website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and WHPH for violations of these Terms of Use.

**Your Conduct.

You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to:

  1. attempt to access any service or area of the website that you are not authorized to access;
  2. alter information on or obtained from the website;
  3. use any robot, spider, scraper or other automated means or interface not provided by us to access the Web Site or to extract data;
  4. reverse engineer any aspect of the website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the website (except as otherwise expressly permitted by law);
  5. send to or otherwise impact us or the website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the website or any recipient;
  6. access or use the website or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and the Terms of Use;
  7. take any action which might impose a significant burden (as determined by us) on website infrastructure;
  8. interfere with the ordinary operation or mission of the website or services; and
  9. "frame" our website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

**Your Accuracy.

You agree to supply only accurate, current and complete information when using the website or a related service. You also agree to review and correct all information that is supplied about you (such as when our system "pre-populates" information you would otherwise have to enter) or that the website draws from (such as the payment card information you keep in your account) to ensure that it is always accurate. WHPH reserves the right to purge or delete information stored by members at our discretion.

**NO WARRANTIES RE SITE; AS IS.

YOU AGREE THAT OUR WEBSITE AND ALL CONTENT, SERVICES AND FUNCTIONALITY ARE PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT MAKE ANY REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH.

**NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES.

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR GENERAL DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR DAMAGES FOR: LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) OR COMPLETE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

**LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY.

YOU AGREE THAT YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) AND FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT) RELATING TO ANY ASPECT OF THE ENTIRE AGREEMENT OR THE COMPLETE WEBSITE SHALL BE, AT OUR OPTION: (1) REPAIR, SUBSTITUTION, REPLACEMENT OR CORRECTION OF ALL OR PART OF THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN REASONABLE RELIANCE AND NOT EXCLUDED ABOVE; OR (2) THE AMOUNT OF DAMAGES NOT EXCLUDED ABOVE THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE CONTENT, ACT OR ITEM CAUSING SAID DAMAGES. THE DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

**No Medical Advice.

The website content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Patients and consumers reading articles posted on the website should review the information carefully with their professional health care provider. If you need medical advice or other health care assistance, you should consult with a qualified healthcare provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on the website. Your reliance upon Content obtained by you at or through the website is solely at your own risk.

**Applicable Law and Exclusive Forum.

This website is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the website in violation of U.S. export laws and regulations or these Terms of Use. You agree that these Terms of Use, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the website or any product or service obtained in any connection with it, shall be governed by the laws of the State of Texas, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made. You agree that any disputes shall be heard exclusively in the appropriate forum in Texas. You also consent to the exclusive jurisdiction in a state or federal court sitting in Dallas County, Texas and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Texas or federal law.

**Notices: To You. To Us.

Notices to You. We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the website or by giving them by e-mail or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the website.

Notices to Us. You agree to notify us by mail to our address stated above.

**Entire Agreement; Miscellaneous.

These Terms, including items incorporated into them and any (a) additional terms on the website or otherwise provided by us for particular activities, and (b) disclosures provided by us and consents provided by you on the website (collectively, "Entire Agreement"), constitute the entire agreement between us. You hereby agree that neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any part of the Entire Agreement is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms of Use and the remainder of the Terms of Use will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches, and time is of the essence of the Entire Agreement. There are no third party beneficiaries of any part of the Entire Agreement.

**Agreement to Conduct Transactions Electronically; Recording; Copies.

You agree that all of your transactions with or through the website may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms of Use unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to interact with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic a copy of these Terms of Use and any other contract or disclosure that we are required to provide to you.

** Legal Notices.

Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms of Use.

Notice of Copyright Agent (this provides contact and other information regarding the Site's copyright agent who may be notified of claimed infringement):

WHPH respects the intellectual property rights of others and requests that you do the same. Anyone who believes that their work has been reproduced in the website in a way constituting copyright infringement may provide a notice to us via e-mail.

Notice of Availability of Filtering Software (this provides information about commercially available parental control protections (such as filtering software) that may assist users in limiting access to Internet material harmful to minors):

All users are hereby informed by the provider of this interactive computer service that parental control protections are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies)

Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the federal CAN SPAM Act of 2003):

WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

Notice About Trademarks (this provides notice regarding who owns the trademarks used on this Site and cautions users not to infringe them):

The WalnutHillMC.com site and logos are just a few of the registered trademarks of Walnut Hill Medical Center. There are many other third party trademarks, product names and logos on the website. You may not use any of the trademarks displayed on this website or any Content. All rights are reserved.

Last Updated: October 15, 2013