Terms of Use

These terms of use (“Terms of Use”) are applicable to any and all access to or use of any of the Oakwell Pediatrics (“OAKWELL PEDIATRICS,” “we,” “our,” or “us”) website content (“Site”). Any use of this Site constitutes your agreement to these Terms of Use.


NO MINORS

You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to and use this Site in accordance with these Terms of Use.

COPYRIGHT

The Site may contain proprietary content that is protected by copyright and other laws. OAKWELL PEDIATRICS retains all rights in the Site, including without limitation, all copyright and other proprietary rights worldwide in all media.

PRIVACY

Registration data and all information submitted by you on the Site is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. The Privacy Policy governs the use of information by OAKWELL PEDIATRICS only, and OAKWELL PEDIATRICS disclaims any responsibility for use of such information by any third party.

NO MEDICAL ADVICE

The content available through this Site is provided as a public service by OAKWELL PEDIATRICS. It is posted for informational and educational purposes only and is not intended to be a substitute for consulting a health care professional or obtaining professional medical advice, diagnosis, or treatment. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Site. Nothing contained in the content or Site should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Site does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the Services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Reliance on any information provided by OAKWELL PEDIATRICS, employees of OAKWELL PEDIATRICS, or other users of the Site is solely at your own risk.

CONTENT AND CONDUCT RULES

You understand that by accessing or using the Site, you may be exposed to content that you find to be offensive or objectionable. The opinions expressed in commentary to any blog are not necessarily those of OAKWELL PEDIATRICS, or any of their respective officers, directors, owners, employees, contractors, or representatives. Under no circumstances will OAKWELL PEDIATRICS be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. You acknowledge that OAKWELL PEDIATRICS has the right, in its sole discretion, to refuse or remove any content that is available via the Site, and to edit any content. OAKWELL PEDIATRICS does not condone or endorse any commentary to the blogs. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the Site.

In using the Site, you agree that you will not:

  • Collect any information about other users, including without limitation, any personal data or information;

  • Impersonate any person or entity, including, but not limited to, an OAKWELL PEDIATRICS officer, director, owner, employee, agent, or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary arrangements;

  • Copy or transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

  • Directly or indirectly modify any Site content without the express permission of OAKWELL PEDIATRICS;

  • Remove any notices from the Site;

  • Promote illegal activities, or promote physical harm or injury against any group or individual;

  • Use the Site for fraudulent or deceptive purposes;

  • Transmit any material that contains computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;

  • Interfere with or disrupt the Site or servers or networks connected to the Site;

  • Take any steps to interfere with or in any manner compromise security measures of the Site;

  • Grant rights in the Site to any other person or entity;

  • Attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or underlying software, or to defeat or overcome any encryption or digital rights management technology implemented by OAKWELL PEDIATRICS with respect to the Site or data transmitted, processed, or stored by OAKWELL PEDIATRICS; or

  • Use the Site in any manner not permitted by these Terms of Use.

If you are found to be in violation of these Terms of Use, as determined by OAKWELL PEDIATRICS in its sole discretion, OAKWELL PEDIATRICS may terminate your right to access the Site.

CHANGES TO TERMS OF USE

OAKWELL PEDIATRICS may change the Terms of Use at any time by notifying you of the change by posting a notice on the Site that the terms have been modified. You agree to be bound by such changes by using the Site after changes are made to these Terms of Use.

WARRANTIES; LIMITATION OF LIABILITY 

OAKWELL PEDIATRICS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR THE CONTENT PROVIDED THEREIN. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE, THE SITE IS PROVIDED “AS IS” AND OAKWELL PEDIATRICS MAKES NO OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

SUBJECT TO APPLICABLE STATE LAW, IN NO EVENT SHALL OAKWELL PEDIATRICS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS IN ANY WAY ARISING FROM OR RELATING TO THESE TERMS OF USE OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THESE TERMS OF USE.

INDEMNIFICATION

You agree to indemnify, defend, and hold OAKWELL PEDIATRICS harmless from and against any and all third party claims and losses arising out of or in any way related to your use of the Site, your breach of these Terms of Use, or your breach of the intellectual property or other rights of third parties.

MISCELLANEOUS PROVISIONS 

Choice of Law. These Terms of Use shall for all purposes be governed and construed in accordance with the laws of the State of California without regard to choice-of-law rules.

Entire Agreement. These Terms of Use, as may be amended from time to time in the sole discretion of OAKWELL PEDIATRICS, constitutes the entire agreement and supersedes all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of these Terms of Use.

Severability. If any provision of these Terms of Use shall be held to be unenforceable, these Terms of Use will continue in full force and effect without that provision.