Liability Disclaimer and User Agreement
This disclaimer applies to all websites managed by Fortis BMI and Surgical Group of North Texas (collectively “Fortis”).
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The content on all websites associated with Fortis, including, but not limited to, the text, graphics, images, links, and other materials are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and does not constitute medical or other professional advice. The content of this website is for informational purposes only and does not create a physician-patient relationship between or among you, Fortis, SGNT, or any of its employed or contracted healthcare providers. Reliance on any information provided herein is solely at your own risk. The information provided on all websites associated with Fortis, including www.fortisbmi.com, is designed to support, not replace, the relationship that exists between patient/site visitor and his/her physician. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on a Fortis website.
IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY PERSONNEL (911) TO GET PROMPT MEDICAL ATTENTION.
Disclaimer of Liability and Reliability
Fortis BMI, SGNT, and their authorized agents and contractors make no representations or warranties about the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of said information. Website content has been compiled from a variety of sources and is subject to change without notice to you, the user (“User”).
THE SERVICES, INFORMATION AND DATA MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. FORTIS AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OR FUNCTIONALITY OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT THIS WEB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Fortis also reserves the right to temporarily or permanently discontinue its websites, any page, or any functionality on its websites at any time and without notice.
Links to Third Parties’ Websites
There are links and pointers to third party Internet websites contained in Fortis’ website. These sites linked from Fortis’ website may not be under Fortis’ control. Fortis and its authorized agents and contractors do not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. Fortis and its authorized agents and contractors do not intend any third party links to be referrals or endorsements of the linked entities by Fortis, and they are provided for convenience only. Each individual site may have its own set of policies governing the usage of information contained therein. The User assumes sole responsibility for use of third party links and pointers.
Disclaimer of Damages
The User assumes all risks associated with the use of the Fortis website, including any risk of User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a Fortis web page, Fortis website or the User’s access to it. FORTIS AND ITS AUTHORIZED AGENTS AND CONTRACTORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE INFORMATION OR LACK OF INFORMATION ON FORTIS’ WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH FORTIS’ WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF FORTIS’ WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FORTIS AND/OR ANY OF ITS AUTHORIZED AGENTS, CONTRACTORS, EMPLOYEES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Fortis and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon information furnished.
Disclaimer of Association with User
The User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Fortis or its authorized agents or contractors as a result of this Agreement or use of the Fortis website. Fortis and its authorized agents and contractors shall not be liable for any representation, act or omission of the User based on this agreement or use of Fortis’ website.
Trademarks and Copyrights
All trademarks, service marks, and logos or copyrights displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner.
As a condition of use of this website, the User agrees to indemnify Fortis BMI, SGNT, their respective governing board members, officers, employees and agents, and contractors against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of this website, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
This Agreement is governed by the laws of the State of Texas, USA. The User consents and agrees that any and all claims or causes of action arising from or relating to the use of this website shall be subject to arbitration through the rules and procedures of JAMS before a sole arbitrator with the hearing to occur in Tarrant County, Texas. Use of the Fortis website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Fortis’ performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Fortis’ right to comply with law enforcement requests or requirements relating to the User’s use of Fortis’ website or information provided to or gathered by Fortis with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, 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 the Agreement shall continue in effect.
Fortis’ website contain forms through which Users may request information or supply feedback to Fortis. In some cases, telephone numbers, e-mail addresses or return addresses are required so that Fortis can supply requested information to you. After the User fills out a form, Fortis may contact User with follow-up information (unless an “opt-out” box is checked on the form). Fortis does not provide any information supplied on its web forms to any outside organization for any reason (other than where may be required to by law). Fortis does not save this personal information for any other reason.
Social Media Disclaimer
By interacting with Fortis or any of its affiliates on social media (including but not limited to, Facebook, Twitter, YouTube), you acknowledge and agree that you may be voluntarily sharing aspects of your personal health information on a public forum. Federal and state laws protecting the privacy of your personal health information may not be applicable. Any information you receive through Fortis social media sites do not constitute medical advice, medical recommendations, diagnosis, treatment or cure. For more information regarding the use and disclosure of your personal health information on Fortis social media sites, please contact the Corporate Privacy Office.
Agreement in its Entirety
This Agreement constitutes the entire agreement between the User and Fortis (and its contractors and agents) with respect to Fortis’ website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Fortis with respect to Fortis’ website. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in Fortis’ website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.