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 USER AGREEMENT

Terms of Use

Endoscopic Microsurgery Associates, P. A. provides and maintains this website at
www.gastro-doc.com The purpose is to provide information related to the study and treatment
of the digestive system. You acknowledge that, in exchange for access to the information
available on the Web Site, and ability to participate in programs offered on the Web Site,
you are bound by the following terms and conditions set forth in this User Agreement. Use
of this Web Site constitutes your acceptance of all of the following terms and conditions,
in their current form or as modified.
 

Medical Disclaimer

YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEB SITE IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. ENDOSCOPIC MICROSURGERY ASSOCIATES DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEMBER INSTITUTIONS, SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE WEB SITE, OR ON ANY WEB SITES OF ENDOSCOPIC MICROSURGERY ASSOCIATES MEMBER INSTITUTIONS, OR ON ANY LINKS TO THIRD PARTY WEB SITES.
 

Links

When using this Web Site, you may sometimes be linked to third party websites. Endoscopic
Microsurgery Associates is not responsible for the information or materials contained on any
third party websites. Links from this Web Site are provided for convenience only, and are
not intended as an endorsement by us of the organization or individual operating the third
party website or a warranty of any type regarding either the third party website or the
information on the third party Web Site.


Children’s Privacy

The Children’s Online Privacy Protection Program took effect on April 21, 2000 and pertains
to Web Sites directed towards children under 13 years of age. Endoscopic Microsurgery
Associates does treat minors for digestive disorders and will adhere to the program
mentioned.


Limitation of Liability

You agree that you release, and agree to indemnify, save and hold harmless Endoscopic
Microsurgery Associates, its affiliates, its member institutions, and its and their
officers, directors, employees, contractors, volunteers, sponsors and agents from all claims
arising out of or related to your access or your use of, or your inability to use the Web
Site. IN NO EVENT WILL ENDOSCOPIC MICROSURGERY ASSOCIATES BE LIABLE TO YOU, ANYONE CLAIMING BY, THROUGH OR UNDER YOU, OR ANYONE ELSE FOR (1) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN,  IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED THROUGH THE WEB SITE, (2) ANY ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THE WEB SITE WWW.GASTRO-DOC.COM OR YOUR USE OF THIS WEB SITE, OR (3) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, POSSIBLE HEALTH SIDE EFFECTS, LOSS OF REVENUES, PROFITS OR SAVINGS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, DEMANDS OR ACTIONS. IN NO EVENT SHALL ENDOSCOPIC MICROSURGERY ASSOCIATES LIABILITY TO YOU OR ANY THIRD PARTY EXCEED $100 IN THE AGGREGATE WHETHER ARISING BY OPERATION OF LAW OR UNDER CONTRACT, TORT OR STRICT LIABILITY PRINCIPLES.


Content Usage

Unless otherwise indicated, all information contained on this Web Site, such as text,
graphics, logos, button icons, images, and audio clips is owned by or licensed by Endoscopic
Microsurgery Associates, and is copyrighted and proprietary material of such, and may not be
copied, reproduced, transmitted, displayed, distributed, sublicensed, altered, stored for
subsequent use or otherwise used in whole or in part in any manner without our prior written
consent, except that you may make such temporary copies as are necessary to browse the Web
Site.


User Conduct on Forums

You understand that all materials and content, including but not limited to your data,
graphics, or messages, which are posted publicly by you on any of the chat rooms, message
boards or other public forums, if any, that may be found on the Web Site, or linked to the
Web Site, are the sole responsibility of the person from which such content originated.



User Submissions

By submitting communications or content to any part of this Web Site where such content
would be viewable by the public (e.g. posting on a public forum/bulletin board or public
chat or other public communication), you agree that such submission is non-confidential for
all purposes. Any submission to this Web Site will be deemed and remain the property of
Endoscopic Microsurgery Associates. You grant, or warrant that the owner of such content
has expressly granted, Endoscopic Microsurgery Associates a royalty-free, perpetual,
irrevocable, world-wide non-exclusive license 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, format, or forum now known or hereafter
developed.



Governing Law

This Web Site (including linked sites) may be accessed from the United States of America, as
well as from other countries around the world. THIS USER AGREEMENT, AND YOUR USE AND ACCESS OF THE WEB SITE IS GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE EXCLUSIVELY IN BALTIMORE COUNTY, TOWSON, MARYLAND. Endoscopic Microsurgery Associates makes no representation that materials on the Web Site are appropriate or available for use in locations outside the United States of America, and accessing them from territories where their contents are illegal is prohibited. Those who
choose to access this Web Site from other countries do so on their own initiative and are
responsible for compliance with local laws.



You agree that this User Agreement sets forth the entire understanding between Endoscopic
Microsurgery Associates and you. You agree that if any portion of this User Agreement is
held invalid, the balance shall continue in full force and effect.



Effective as of March 1, 2007.