OMS reserves the right to revise these Terms at any time, at its sole discretion, by posting revised Terms on the Website. Your continued use of the Website indicates your acceptance of all terms and conditions contained in the Terms posted at the time of your use.
Unless otherwise expressly provided in these Terms, all information, material, content, and intellectual property contained on the Website, including, without limitation, OMS trademarks, service marks, and logos, (“OMS Content”) is the property of OMS, its partners, affiliated organizations, and third-party licensors; and is protected by all applicable United States copyright and trademark laws, as well as other applicable federal, state, local, and international laws and regulations. Use of OMS Content is subject to all such laws and regulations, as well as these Terms.
Access. OMS grants you a limited, personal, nonexclusive, nontransferable, revocable license to access and use the Website for your personal, noncommercial, and educational use only; subject to your acceptance of, and compliance with, these Terms. Subject to the limitations and restrictions provided in these Terms, material contained on the Website may be downloaded, viewed, and printed for your personal, educational, and noncommercial use; provided that all trademark, copyright, and other proprietary notices appearing on such materials are retained. All other rights not expressly granted in these Terms are hereby reserved by OMS. You are responsible for your acts or omissions in your use of the Website and for any damages incurred by you or anyone else as a result thereof.
Restrictions. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, license, sell, create derivative works from, transmit, distribute, publically display, market, deconstruct, or reverse engineer any portion of the OMS Content in any manner without the prior written permission of OMS. Further, you shall not: (a) engage in any unlawful, false, misleading, offensive, obscene, threatening, harassing, or abusive activities or postings on the Website; (b) post, input, or upload to the Website any data or information containing viruses or any other computer code, or corrupt files or programs that are intended to damage, disrupt, interfere with, or destroy the performance or function of, or access to, the Website; or (c) frame or use framing techniques with respect to OMS Content on the Website.
Purpose. The Website is presented for educational and informational purposes only, and the content does not constitute medical advice or treatment in any way. The Website is not intended to be a substitute for the independent medical judgment of any qualified health care provider, and not intended to serve as the primary basis for making professional medical decisions. As with all clinical reference resources, the content on the Website reflects medical science, protocols, and/or procedures at the time of its development; but the content should be used with the clear understanding that continued research or practice may result in new knowledge or recommendations. Therefore, you should confirm the information on the Website with other sources before undertaking any treatment or otherwise taking any actions related to or in reliance on such information. Your reliance upon any content within the Site is solely at your own risk.
Third-Party Content and Links. OMS does not claim ownership of or responsibility for any information, materials, comments, statements, services, products, or other posts by you or any other third parties on the Website (“Third-Party Content”). OMS makes no representations, warranties, or guarantees with respect to the accuracy, quality, timeliness, confidentiality, or security of any such Third-Party Content; has no obligation to review, correct, or update any Third-Party Content; and is not liable for any inaccuracies or errors therein. Should you wish to use any Third-Party Content, you must first obtain the written permission from the third-party owner thereof.
The Website contains links to third-party websites and resources (“Third-Party Links”). Third-Party Links are provided solely for your convenience and are not, and should not be, construed as endorsement by OMS of the content, information, services, or other material contained on such Third-Party Links. OMS makes no representation or warranty as to the accuracy, quality, timeliness, confidentiality, or security thereof.
DISCLAIMER. THE WEBSITE AND ALL CONTENT THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT THEREON, INCLUDING, WITHOUT LIMITATION, COMPLETENESS, ACCURACY, AN IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
THE INFORMATION AND RESOURCES ON THIS WEBSITE ARE MADE AVAILABLE TO YOU BY OMS AS TOOLS THAT MAY ASSIST YOU IN IMPROVING YOUR HEALTH, TRANSFORMING YOUR PRACTICE, AND/OR IMPROVING THE HEALTH OF YOUR PATIENTS. IN NO EVENT WILL OMS AND ITS PARTNERS, AFFILIATED ORGANIZATIONS, AND AGENTS BE LIABLE IN ANY WAY FOR ANY DECISION MADE, OR ACTION TAKEN BY YOU OR ANYONE ELSE, IN RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THIS WEBSITE.
THE WEBSITE AND CONTENT THEREON IS NOT INTENDED TO PROVIDE LEGAL ADVICE TO ANY INDIVIDUAL OR ENTITY, AND YOU ARE ENCOURAGED TO CONSULT WITH YOUR OWN ATTORNEY OR OTHER LEGAL ADVISOR IN CONNECTION WITH ANY ACTION CONTEMPLATED BASED ON THE WEBSITE. REFERENCE TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS, OR SERVICE PROVIDED BY A THIRD PARTY DOES NOT CONSTITUTE ENDORSEMENT THEREOF BY OMS.
Limitation of Liability. Under no circumstances will Olympia Medical Services PLLC or its agents be responsible or liable for any damages of any kind or nature that result, or relate in any way to your use of this site or any content herein, including, without limitation, any direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages, regardless of whether Olympia Medical Services PLLC has been advised of the possibility of such damages.
Indemnification. To the fullest extent permitted by applicable law, you shall indemnify, defend, and hold harmless OMS and its partners, affiliated organizations, officers, directors, employees, and agents from and against any and all claims, demands, lawsuits, and other actions resulting from or arising out of the use of, or inability to use, the Website and/or your violation of these Terms, including any liability, expense, cost, losses, and damages (including, without limitation, reasonable attorneys’ fees).
Governing Law; Jurisdiction and Venue. These Terms and all matters and disputes arising out of the Website shall be governed by and construed in accordance with the laws of the state of Michigan without regard to its conflicts of laws principles. You hereby agree that any dispute, lawsuit, or other action arising out of the Website shall be instituted and resolved solely in a state or federal court of competent jurisdiction located in the state of Michigan.
Waivers. No waiver, expressed or implied, once or more often, by OMS of any right or remedy it may have with respect to these Terms, nor its failure to enforce any provision of these Terms; shall constitute or be deemed a waiver of any other right or provision hereunder.
Severability. If any part of these Terms is found by a court of competent jurisdiction to be unlawful, unenforceable, or invalid, all other parts shall remain in full force and effect.
International Use. OMS makes no claim or warranty with respect to access or use of the Website, including, without limitation, OMS Content, outside the United States. Any such access or use is at your own risk, and you are responsible for compliance with applicable local laws and regulations.