Terms & Conditions

Terms and Conditions

YOUR USE OF THIS WEB SITE IS CONDITIONED UPON YOUR PRIOR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET FORTH ON THIS WEB PAGE, WITHOUT EXCEPTION. PLEASE READ AND UNDERSTAND THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Galen Medical Group, P.C. ("Galen") has created and maintains this web site, all siterelated services, and the Information provided therein. The use of any page, information, or service provided on this web site (the "Galen Web Site" or "Site") is subject to your strict compliance with all the terms and conditions set forth in this Terms of Use Agreement (sometimes hereafter, "Agreement"). This Agreement governs the relationship between Galen and you, the Site visitor, with respect to your use of the Galen Web Site. Therefore, you must read and understand the terms and conditions of this Agreement before you access or use any other page, information, or service on this Site. By accessing or using other pages on the Galen Web Site you acknowledge and agree to be bound by all the terms and conditions of this Terms of Use Agreement. If you do not fully agree with each and every term and condition of this Agreement, you may not further access or use this Site.

Galen reserves its right at any time to (i) change the terms and conditions of this Agreement, (ii) change the Site, including eliminating or discontinuing any content on or feature of the Site, or (iii) deny or terminate your use of and/or access to the Site. Any change to the Site by Galen will be effective immediately, without prior notice to you. You therefore agree that by entering, re-entering, or continuing to access or use the Galen Web Site you accept and agree to all such changes, with or without your actual knowledge of the change or changes. Therefore, return to this page periodically to ensure familiarity with the most current version of this Agreement, to which you agree to be bound, regardless of the nature of, or your actual knowledge of, future amendments to this Terms of Use Agreement.

Medical and Other Information Provided by the Galen Web Site

All information and materials ("Information") on the Galen Web Site is provided as a courtesy to the Site visitor. Medical Information is intended for general educational purposes only. Medical Information may not be relied upon by you for any other purpose. The Information on this Site will never constitute the sole, reliable basis for any medical diagnosis or treatment. Any questions regarding personal health care should be directed to your physician or other appropriate medical professional. Galen physicians will not and do not accept a physician-patient relationship with any person except in connection with a patient visit scheduled in-person at a Galen office. Furthermore, any medical Information on this Site or seeming to be given by a Galen physician should never be relied upon in the absence of supervision by a personal physician. Should you have any health problems or health care-related questions, you must call or see your own physician or other health care provider promptly. Do not rely on the Galen Web Site to make your own health assessment.

If you have an emergency medical condition, call 911. Further, note that medicine, accepted medical practices, and the reporting in medical literature constantly evolve, change, and are subject to differing professional interpretations. In addition, the facts and circumstances of every individual’s health status differ in ways not known by individuals who lack medical training. Accordingly, and although Galen endeavors to use reasonable care in assembling the Information, you should be aware that the Information may contain errors, omissions, inaccuracies or become outdated. Galen makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any medical Information. Neither does Galen recommend or endorse any specific tests, physicians, products, procedures, opinions, or other Information that may be mentioned on this Site. Reliance on any Information provided on this Site is solely at your own risk.

Third Party Links

The Galen Web site contains links to other web sites for your convenience. Those web sites may or may not be owned or operated by Galen. Galen has not reviewed all of the web sites that are linked to the Galen Web Site, and Galen has no control over such sites or the content provided through such sites. Your use of linked web sites is subject to the privacy practices and terms of use established by the specific linked site and Galen disclaims all liability associated with your use of such web sites. The fact that Galen offers such links does not indicate any approval or endorsement by Galen of any linked web site or any material contained on any linked web site. Further, descriptions of, or references to, products, services or publications within the Galen site do not imply endorsement of, and Galen is not responsible for, any such product, service or publication.

Special Covenants by You, the Site Visitor

While using the Site and Information, you agree to comply with all applicable laws, rules and regulations. Further, in consideration of allowing your use of this Site and any Information provide on the Galen Web Site, you, the Site visitor, covenant and agree not to:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Site;
  • Use the Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any trade secret of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except if expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site;
  • Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
  • "Frame" or "mirror" any part of the Site without our prior written authorization;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," reproduce or circumvent the navigational structure or presentation of the Site or their contents; or
  • Harvest or collect information about Site visitors.

Further, you agree that all information that you provide to Galen or a related third party provider will be accurate and complete. Use of the Site and Information is your acknowledgement and agreement to receive electronic or other forms of correspondence from Galen.

Limited Permitted Use of Information

Unless otherwise specified on the Site, you may download or print a single copy of any textual Information displayed on the Site, and use the downloaded or printed Information solely for your own benefit. You must retain all copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Galen and its licensors and suppliers. Furthermore, the use, downloading and printing of Information is conditioned upon your acceptance of any additional terms and conditions (including any license agreements) relating to such Information that are presented or provided in connection therewith, including agreements of third parties. By acquiring or using the Information, you agree to such terms and conditions.

Ownership and Restrictions on Use

The Site is owned and operated by Galen in conjunction with others pursuant to contractual arrangements, and the Information (and any intellectual property and other rights relating thereto) are and will remain the property of Galen and its licensors and suppliers. The Information and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, republish, upload, post, transmit or distribute Information or other content or information available on or through the Site in any way without our prior written permission. The Information may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by Galen or, if so indicated in writing by Galen, its licensors or suppliers. Modification of the Site or Information or use of the Site or Information for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Information. The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered Trademarks of Galen, Galen's licensors and suppliers, and others. The Trademarks owned by Galen, whether registered or unregistered, may not be used in connection with any product or service that is not Galen's, in any manner that is likely to cause confusion with customers, or in any manner that disparages Galen. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Galen, Galen's licensors or suppliers, or the third party owner of any such Trademark.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Galen infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Galen to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed with Galen against you, the DMCA permits you to send Galen a counter-notice. Notices and counter-notices with respect to the Site should be sent to: Galen Medical Group, P.C., Attn: Administrator, Galen Medical Group, P.C. 5600 Brainerd Road, Suite H-100, Chattanooga, TN 37411.

Access By Minors

Galen cannot control access to the Site by minors in general. You are advised that if you wish to restrict access of a minor (other than access specifically granted by Galen on a case by case basis) parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that you may deem harmful to minors. Nonetheless, be aware that under certain circumstances pursuant to applicable federal and state law, Galen retains discretion to allow access by a minor to certain pages on Galen’s Web Site.

Jurisdiction

The Site is solely directed to individuals residing in the greater Chattanooga, Hamilton County, Tennessee area. We make no representation that the Site or Information are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with federal and state law, if and to the extent local laws are applicable.

Termination

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, Information, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Information and all copies thereof, whether made under the terms of this Agreement or otherwise.

Disclaimers

THE SITE, INFORMATION, AND ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GALEN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

GALEN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF GALEN OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE INFORMATION OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY INFORMATIONARE ENTIRELY AT YOUR OWN RISK.

possibility exists that the Site and/or Information could include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site and/or Information. We make no guarantees as to the completeness or correctness of the Site or Information. In the event that a situation arises in which the completeness or correctness of the Site or Information is in question, please contact us at portalhelp@galenmedical.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. For copyright infringement claims, see the section on "Claims of Copyright Infringement," above.

Limitation of Liability

NEITHER GALEN NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR INFORMATION, ANY LINKED SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INFORMATION, OR ANY LINKED SITE IS TO STOP USING THE SITE, INFORMATION, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO GALEN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR INFORMATION, ANY LINKED SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

Indemnification

You agree to indemnify, defend and hold Galen, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; and/or (b) your activities in connection with the Site.

Contacting Galen Regarding the Site.

This Site is provided by Galen Medical Group, P.C. Should you have any questions, comments or complaints regarding the Galen Terms of Use or the Site, please contact us at: portalhelp@galenmedical.com, or by mail to Attn: Director of Information Systems, Galen Medical Group, P.C. 5600 Brainerd Road, Suite H-100, Chattanooga, TN 37411.

Last revised: 07/26/2013