Terms of Use

READ THE FOLLOWING CAREFULLY BEFORE USING OR ATTEMPTING TO USE THIS WEBSITE. YOUR USE OR ATTEMPTED USE OF THIS WEBSITE BINDS YOU TO THESE TERMS AND CONDITIONS.

PLEASE NOTE: IF YOU HAVE OR SUSPECT THAT YOU HAVE A HEALTH OR MEDICAL PROBLEM OR CONDITION, CONTACT A HEALTHCARE PROFESSIONAL IMMEDIATELY, OR IN THE CASE OF AN EMERGENCY, IMMEDIATELY DIAL 911 OR CALL FOR EMERGENCY MEDICAL ASSISTANCE.

The following terms and conditions (“Terms”) apply to and govern your use or attempted use of, and any access to or through, the website located at www.baycare.net (the “Site”) operated by BayCare Clinic LLP and BayCare Health Systems, LLC (collectively, “BayCare”).

YOUR USE OR ATTEMPTED USE OF THIS SITE CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ, ACCEPT AND AGREE TO THESE TERMS. YOU ALSO REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND POSSESS THE LEGAL RIGHT TO AGREE TO THESE TERMS AND USE THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS OR ARE NOT AT LEAST 18 YEARS OF AGE, YOU SHOULD IMMEDIATELY EXIT AND NOT ACCESS, USE OR ATTEMPT TO USE THIS SITE, AND YOU SHOULD IMMEDIATELY DELETE AND REMOVE FROM YOUR COMPUTER AND/OR DESTROY IN CASE OF HARD COPIES ANY FILES, DOCUMENTS, PAGES, MATERIAL OR OTHER INFORMATION DOWNLOADED, PRINTED, COPIED OR ACCESSED VIA THIS SITE.

Your use of this Site is voluntary and at your own risk and responsibility. This Site would not be made available to you without the limitations and restrictions set forth herein. As a result, by your use of this Site you agree that these Terms and the conditions, restrictions and limitations set forth herein are reasonable and necessary.

BayCare may revise these Terms at any time by updating this posting. You should visit this page regularly to review the then-current Terms because they are binding on you. Your continued use of this Site constitutes your acceptance of any revised or updated Terms. BayCare may also, at any time, change, suspend or discontinue any aspect of this Site, impose limits on certain features or services or restrict your access to this Site or parts hereof. All content, features and services contained in or available through this Site are subject to change without notice.

Other terms and conditions may apply. Please read and review all applicable terms and conditions, privacy policies and related information available through this Site before any use.

BAYCARE DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, DATA OR OTHER INFORMATION CONTAINED IN OR AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH ADVICE, OPINION, STATEMENT, DATA OR INFORMATION SHALL BE AT YOUR SOLE RISK. BAYCARE AND ITS AFFILIATES AND SUBSIDIARIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE PAGES, DATA, SERVICES, FUNCTIONS, INFORMATION, STATEMENTS, TEXT, GRAPHICS, CONTENT, LINKS OR ANY OTHER ITEMS CONTAINED IN OR AVAILABLE THROUGH THIS SITE.

NOTHING CONTAINED IN OR AVAILABLE THROUGH THIS SITE IS OR SHOULD BE CONSIDERED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, OR AS A SUBSTITUTE THEREFORE THIS SITE IS NOT, AND SHOULD NOT BE DEEMED TO BE, ENGAGING IN THE PRACTICE OF MEDICINE OR ANY OTHER MEDICAL OR HEALTH PROFESSION OR REGULATED ACTIVITY. THE PAGES, DATA, MATERIALS, SERVICES, FUNCTIONS, STATEMENTS AND INFORMATION CONTAINED IN OR AVAILABLE THROUGH THIS SITE ARE ONLY INTENDED FOR GENERAL EDUCATIONAL USE, AND YOU SHOULD ALWAYS OBTAIN THE ADVICE OF A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING HEALTH OR MEDICAL QUESTIONS OR CONDITIONS. YOU SHOULD NOT USE OR RELY ON ANY DATA, MATERIALS, SERVICES, FUNCTIONS, STATEMENTS OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THIS SITE TO QUESTION, REFUSE OR FAIL TO SEEK MEDICAL OR HEALTH ADVICE, DIAGNOSIS OR TREATMENT FROM A HEALTHCARE PROFESSSIONAL.

This Site and its pages, content, data, materials, services, functions, statements and information are and shall remain the exclusive property of BayCare. This Site and its proprietary materials are protected by applicable copyright laws, trademark laws, and international conventions and treaties. No portion of this Site may be downloaded, copied, reproduced, modified, reverse engineered, decompiled, published, uploaded, posted, transmitted or distributed in any way without BayCare’s prior written consent. All names and trademarks of BayCare and its affiliates and subsidiaries are protected. All rights in any trade names, trademarks, copyrights, works and any other materials contained in or available through this Site are expressly reserved. Nothing herein shall grant any express or implied right or license to you with respect to any copyrights, trademarks, data, services or other materials or information contained in or available through this Site.

BayCare may monitor your use of this Site and information may be supplied by or collected from you through this Site for any lawful reason or purpose. For more information on such practices, please see the Site Privacy Policy.

THIS SITE AND THE PAGES, MATERIALS, SERVICES, FUNCTIONS, STATEMENTS AND INFORMATION CONTAINED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, AND ABILITY TO ACHIEVE A PARTICULAR RESULT.

NEITHER BAYCARE NOR ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR EMPLOYEES OR AGENTS, SHALL HAVE ANY LIABILITY WHATSOEVER RELATED TO YOUR USE OF THIS SITE OR ANY PAGES, MATERIALS, SERVICES, FUNCTIONS, STATEMENTS AND INFORMATION CONTAINED IN OR AVAILABLE THROUGH THIS SITE. UNDER NO CIRCUMSTANCES SHALL BAYCARE OR ITS AFFILIATES OR SUBSIDIARIES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BAYCARE DOES NOT WARRANT THAT THIS SITE AND ANY FUNCTIONS, PAGES, MATERIALS, CONTENT, SERVICES OR INFORMATION CONTAINED IN OR AVAILABLE THROUGH THIS SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VIRUSES, BUGS OR OTHER HARMFUL PROBLEMS WILL NOT EXIST. BAYCARE SHALL NOT BE LIABLE FOR ANY MATTER RELATED TO ANY INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, BUGS OR RELATED MATTERS CONTAINED IN OR TRANSMITTED THROUGH THIS SITE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT, AND BAYCARE WILL HAVE NO LIABILITY, AND YOU WILL NOT MAKE ANY CLAIM AGAINST BAYCARE OR ITS AFFILIATES OR SUBSIDIARIES FOR LOST DATA, INACCURATE RESPONSES OR OUTPUT, DELAYS, OR ANY OTHER MATTER RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE.

You agree that you shall not upload, post or transmit to or distribute or otherwise publish through this Site any materials, including any that may violate, plagiarize or infringe the rights of third parties, contain a virus or other harmful component, contain advertising, or contain false or misleading indications of origin or statements of fact.

You agree to indemnify, defend and hold BayCare, and all of its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including attorneys’ fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You shall cooperate as fully as reasonably required in the defense of any claim, but BayCare reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

You hereby waive all rights to any claim against BayCare for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any communications or information you make to BayCare in connection with or through this Site.

If, for any reason, a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

This Site may provide links to other websites, and those websites may not be under the control of BayCare, and BayCare is not responsible for the contents or accuracy of any linked site or any link contained in any linked site, and the inclusion of any link does not imply endorsement of such site. BayCare is not responsible or liable for the application, admissions, hiring and employment practices of any linked site. BayCare is not responsible or liable for access to the services, programs, and institutions of any linked site. BayCare is not responsible for any misuse of intellectual property found on any linked site. BayCare is not responsible for the privacy practices of any linked site.If you are concerned about the privacy practices of a linked site, please consult its privacy policy. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. You may not create a website that links to this Site without BayCare’s prior written consent.

This Site is controlled by BayCare from its offices within Wisconsin, and these Terms are entered into in the State of Wisconsin. BayCare makes no representation that this Site is appropriate or available for use in other locations, and access from jurisdictions or territories where this Site’s content is illegal is prohibited. If you access this Site from other locations, you do so on your own initiative and at your own risk, and you are responsible for compliance with applicable laws. Any claim relating to this Site shall be governed by the internal substantive laws of the United States and the State of Wisconsin, without regard to choice of laws principles, and all legal proceedings related to the use of this Site may only be brought in the state and federal courts in Brown County, State of Wisconsin, and you submit to the exclusive jurisdiction of such courts.

If you have any questions concerning the terms and conditions of your use of this Site, please contact Tom Valenta at tvalenta@baycare.net.

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