Notice of Privacy Practices
Michigan Allergy Sinus & Asthma Specialists (MASAS) is committed to protecting your privacy. You agree to be bound by and comply with our Privacy Statement and any other policies governing the use of MASAS that are posted on this Web Site or provided to you either electronically or otherwise in writing.
Limited Express Warranty: MASAS warrants the Web Site to perform substantially as described on the Web Site. MASAS, however, does not warrant that the Web Site will operate in an uninterrupted or error-free manner at all times, but rather to the best of our abilities.
Disclaimer of Warranties: Neither MASAS nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. While MASAS has implemented measures to protect the privacy and security of data, as reflected in our Privacy Statement, MASAS does not warrant that the Web Site or its operations are secure and private. If your use of the Web Site results in the need for servicing or replacing property, material, equipment or data, MASAS is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of MASAS. MASAS reserves the right to change or discontinue at any time any aspect or feature of the Web Site.
MASAS does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site is at your own risk. MASAS reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches or other devices owned, maintained and serviced by third-party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of MASAS. Accordingly, MASAS assumes no liability for or relating to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with the use of MASAS.
Without limiting the foregoing, everything on MASAS is provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied, covering the accuracy of the information contained within the Web Site. MASAS makes no warranties about the accuracy, reliability, completeness or timeliness of the Web Site content, software text, graphics, and links, or about results to be obtained from using the Web Site, its services or MASAS products or services.
Limitation of Liability: In no event shall MASAS or any third-party mentioned on the Web Site be liable for any costs, damages and expenses whatsoever (including, without limitation, health problems, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the products or the content of the Web Site or security or privacy breaches related to the operations of the Web Site, whether based on warranty, contract, tort or any other legal theory, or whether or not MASAS is advised of the possibility of such damages.
MASAS shall be liable to you only for the gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed US $100. Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under these terms and conditions are exclusive and are limited to those expressly specified in these terms and conditions.
Indemnification: You agree to defend, indemnify and hold MASAS, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web Site in a manner that violates or is alleged to violate these Terms and Conditions. MASAS shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Links: The Web Site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by MASAS of these sites, but is for reference and convenience only. MASAS has not reviewed all of the sites linked to or from MASAS, and is not responsible for the content or accuracy of any off-site pages or any other sites linked to or from the Web Site, nor does MASAS recommend or endorse any specific tests, products or procedures that may be mentioned on or represented on MASAS. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby prohibited from creating hyperlinks to the content on the Web Site. You are hereby prohibited from using any information on the Web Site without the express written consent of MASAS.
MASAS reserves the right to revoke this license generally, or your right to use specific links, at any time, and may break any hyperlink at its discretion. Under no circumstances shall you "frame" the Web Site or any of its content or copy portions of the Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Web Site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web Site.
Copyrights: MASAS retains full copyright ownership, rights and protection in all material contained on MASAS (including all software, HTML code and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works of, transfer, or sell any material contained on the Web Site without the specific prior written consent of the copyright owner.
None of the material contained on the MASAS site may be reverse-engineered, dissembled, decompiled, transcribed, stored in a retrievable system, translated into any language or computer language, retransmitted in any form or by any other means, (electronic, optical, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the specific prior written consent of MASAS.
MASAS site is Copyright 2009 with all rights reserved.
Trademarks: MASAS is a trademark of Michigan Allergy, Sinus & Asthma Specialists and is protected by state and federal laws. Other trademarks may appear on this Web Site with permission from their respective owners. Your unauthorized use of trademarks appearing on this Web Site may constitute a violation of law, which could subject you to substantial civil penalties.
Termination: You agree that MASAS may terminate your use of the Web Site in its sole reasonable discretion, reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of MASAS or any third party, or for any reason with or without notice to you. You agree that MASAS may modify or discontinue the Web Site with or without notice to you. You agree that MASAS will not be liable to you or any third party as a result of such modification or discontinuation.
Survival: The provisions entitled "Limited Express Warranty," "Disclaimer of Warranties," "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.
General Provisions: The Web Site is operated by MASAS from its offices in West Bloomfield, Michigan. You expressly agree that exclusive jurisdiction for any dispute with MASAS, or in any way relating to your use of MASAS ("Legal Action"), resides in the courts of the County of Oakland, State of Michigan. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Michigan in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be constituted in the federal court in the 4th District of Michigan. These Terms and Conditions are governed by the internal substantive laws of the State of Michigan, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall, to the maximum practicable extent, not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition unless it expressly so states. Any cause of action you may have with respect to Michigan Allergy, Sinus & Asthma Specialists must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Notice: MASAS may deliver notice to you under the Terms and Conditions by means of electronic mail, a general notice on MASAS or by written communication delivered by First Class U.S. mail to your address on record in MASAS account information. You may give notice to MASAS at any time via electronic mail or by letter delivered by first class postage prepaid US mail overnight courier to the following address:
Michigan Allergy, Sinus & Asthma Specialists
6330 Orchard Lake Road
West Bloomfield, MI 48322
Attention: Legal Notice