Welcome to the AxelaCare.com website, which includes all of the pages and associated content (as may be modified from time to time) under or through the domain name axelacare.com (the “Site”). The Site is owned and operated by AxelaCare Health Solutions, LLC (“AxelaCare,” “we,” or “us”), located at 9801 Renner Blvd., Suite 275, Lenexa, Kansas 66219 for use by users and visitors (each a “User,” “you,” or “your”) of the Site. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, BROWSING, OR USING THE SITE AS ACCESSING, BROWSING, OR USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
Agreement to Terms
Modifications to Terms
We reserve the right, in our sole discretion, to change, modify, add, or remove these Terms, the Site, the Content (as defined below), or any portion of them at any time without notice. Unless prohibited by applicable law, we may specify that any change to these Terms may apply retroactively. Please check these Terms periodically for changes. Your continued use of the Site after such changes constitutes your agreement to abide by those changes.
All information and content available on or through the Site, except User Content (as defined below), including without limitation the text, software, scripts, graphics, photos, files, sounds, music, videos, interactive features and the like (collectively, the “Content”) is the property of AxelaCare or its affiliates or licensors and is protected by U.S. and international copyright and other laws and is proprietary. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or unauthorized purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the HTML or other code that we create to generate any Content or the pages making up the Site, which is also protected by our copyright and other rights.
Use of Site
Except as stated in a User Agreement and subject to posted restrictions elsewhere on the Site, agreement to these Terms allows you the non-exclusive right to (a) view the portions of the Site that are made available to you by us, (b) stream (the contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User) the portions of the Site that are made available to you by us, and (c) download portions of the Site that are made available to you by us only as strictly necessary to aid in the viewing of the Site under typical use of a web browser, and (d) download and store Content from portions of the Site that are made available to you by us and that are designated on the Site for downloading. Any allowed uses are granted strictly on the condition that (1) all copyright and other proprietary notices are maintained, (2) such uses are solely for your non-commercial information or personal use, and (3) no portion of the Site may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Except as stated above, no other right or license is granted to you for the Site or the Content, and any other use is strictly prohibited.
In order to obtain access to some portions of the Site, you may be required to complete a registration. Through the registration process, we may provide you or you may be able to choose a user name, password, or other access methods or tokens. You may not allow any other person to use your account or access methods, and transfer of your account or access methods is prohibited and void. You are responsible for maintaining the confidentiality of your account and access methods. You accept responsibility for all activities that occur under your account or through use of your access methods, and any such use will be deemed to be a use by you.
Except as otherwise provided in the User Agreement or elsewhere in the Terms, should you submit any information, content, or materials of any type (“User Content”) to us, including without limitation, through the email address listed on the “Contact Us” link or otherwise through the Site, the User Content will be non-confidential, we will have no obligation of any kind with respect to User Content. We will be free to use the User Content for any purpose without restriction, including without limitation, with respect to the Site or our services. You agree that User Content will not infringe or violate any rights of any person or violate these Terms.
As a condition of the use of the Site:
- You may not use the Site for any purpose that violates any law, rule, regulation, or ordinance
or that is prohibited by these Terms, which includes, without limitation, in any way that violates the copyright, trademark, trade secret, privacy, publicity, or other rights of any third party.
- You may not (1) use the Site in any manner that could damage, disable, overburden, or impair the Site (or the computer systems or network(s) connected to or used in association with the Site) or interfere with any other person’s use and enjoyment of the Site; (2) attempt to gain unauthorized access to the Site, any protected portion of the Site, other accounts, or the computer systems or networks connected to the Site, including, without limitation through hacking, password mining, or any other means; (3) obtain or attempt to obtain any Content, User Content, or other materials or information through any means not intentionally made available to you through the Site; (4) navigate, search, link, or locate Content or User Content other than through the navigational methods or functions of the Site; (5) transmit files that contain viruses, Trojan horses, worms, corrupted files, or any other software, programs, or code that may damage the operation of the Site, computer systems or networks connected to the Site, or another’s computer or the data or property of another (a “Virus”); or (6) use framing, in-line links, or other techniques to enclose or display any trademark, logo, content or other information (including, without limitation, the images found in the Site, the content of any text, or the layout/design of any page of form contained on a page) of the Site; or (7) use of any meta tags or other “hidden text” utilizing any names or trademarks of AxelaCare or its affiliates.
Privacy and Use of Information
Our obligations with respect to certain information we collect about our patients, such as protected health information, is subject to the requirements of the Health Insurance Portability and Accountability Act (HIPPA) and applicable regulations, as they amended from time to time. Those obligations are summarized in our Notice of Privacy Practices, available through the Site, which control over these Terms.
Except as otherwise provided in these Terms or any other written terms adopted by us applicable to the Site, we may collect information concerning and identified to you and your use of the Site through any lawful means, including but not limited to, by tracking your progress through or access to the Site, through information submitted by you, by collecting information concerning your computer system and IP address accessing the Site, or by placing “cookies” or other information on your computer system. You agree that we may use any information we collect for any lawful means, which may include, without limitation, to conform to legal requirements or comply with legal process, to protect and defend the rights or property of AxelaCare or our affiliates, or enforce these Terms or any other agreement with us.
This Site is designed for Users from and in the United States. Use of this Site by Users outside of the United States constitutes your consent to having information about you governed by these Terms or any other written terms adopted by us applicable to the Site and not by the laws of the jurisdiction in which you are using the Site. We may
THE CONTENT, USER CONTENT, AND SERVICES PROVIDED IN AND THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. WE DO NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE SITE OR ANY CONTENT DOES NOT CONTAIN INACCURACIES OR ERRORS, THAT DEFECTS WILL BE DISCOVERED OR CORRECTED, OR THAT THE SITE, ANY CONTENT, OR COMPUTER SYSTEMS USED IN ASSOCIATION WITH THE SITE ARE NOT FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF THE SITE OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Information contained in or available through the Site, including Content, is intended only for informational purposes only and is not intended as offering medical, nursing, or professional healthcare. The information is not intended to be a substitute for the advice of a healthcare professional or a recommendation for any particular treatment plan. IT IS IMPORTANT THAT CONSUMERS CONSULT WITH A HEALTHCARE PROFESSIONAL FOR DETAILED INFORMATION ABOUT MEDICAL CONDITIONS AND TREATMENT.
The Site may contain links to third party websites or content (“Linked Sites”). Linked Sites are not under our control and we are not responsible for the content of any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by use or our affiliates of the Linked Sites or their operators. Linked Sites may contain their own terms and conditions. You agree to read and abide by these and use the Linked Sites at your own risk.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, AND/OR ANY OF EITHER OF OUR EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR PORTIONS THEREOF, OR FOR ANY USER CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. Your sole and exclusive remedy for any dissatisfaction with the Site, the Content, or any portion thereof or with these Terms is to discontinue using the Site. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Some states or jurisdictions do not allow certain disclaimers or the exclusion or limitation of certain liabilities, and to the extent applicable (but only to the extent strictly required by law), the above disclaimers, exclusions, and limitations do not apply.
We reserve the right, in our sole discretion, to terminate your access to the Site or any portion of the Site at any time without notice. Upon termination of your access to the Site or any portion of the Site, your right to use the Site or such portion of the Site immediately ceases, and we may remove and/or destroy any content or other information associated with you, or elect to retain the same, at our sole discretion. Notwithstanding the expiration or termination of these Terms, any right or obligation that accrued as of the expiration or termination of these Terms and the obligations and rights described in the provisions titled “Our Rights,” “Privacy and Use of Information,” “Disclaimers,” “Limitations of Liability,” and “General” will survive.
These Terms are governed by the laws of the State of Kansas, U.S.A., and, as applicable, the federal laws of the U.S.A., without regard to its rules governing conflicts of laws. All other laws and treaties are expressly rejected. Any dispute arising out of or related to these Terms, the use of the Site or any portion thereof must be brought exclusively in a court sitting in Kansas City, Kansas, U.S.A., and you irrevocably consent to the exclusive jurisdiction and venue of such courts, provided, however, that we may seek equitable relief or enforce any award in any court of competent jurisdiction. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms. You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted you or any third party due to or arising out of or related to the User Content or your use of or conduct on the Site. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer any right or obligation under these Terms and any attempt to the contrary is void. These Terms and such other agreements or terms referenced and incorporated into these Terms constitute the entire agreement between you and us with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
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