1. Trademarks and Copyrights
EAGLE HOSPITAL PHYSICANS and the EAGLE logo and other marks displayed on the EAGLE Site are the proprietary service marks or trademarks of Eagle Hospital Physicians or its licensors. EAGLE’s marks may not be used in connection with any product or service that is not EAGLE, in any manner that is likely to cause confusion among consumers, or to disparage or discredit EAGLE. All other marks not owned by Eagle that appear on the Eagle Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EAGLE. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the EAGLE Site without the express written permission of the trademark owner.
All content on the EAGLE Site, including design, text, graphics, logos, button icons, images, software, videos, audio clips, and data compilations (“Content”); any improvements or modifications to such Content; any derivative works thereof; and the collection, arrangement and assembly of all Content on the EAGLE Site; are the property of EAGLE or its licensors and are protected by United States and international copyright and other intellectual property laws.
2. Use of the EAGLE Site
The EAGLE Site may include information, articles, newsletters, and other Content. You may download, view, copy and print information, documents and other materials on or from the EAGLE Site (i) solely for personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You agree not to upload on or transmit to or via the EAGLE Site any information or other Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.
You agree you will not interfere, in any way, with others’ use of or access to the EAGLE Site and will not attempt to gain unauthorized access to the computer system of any other EAGLE Site user. You further agree not to take any other action in connection with your use of the EAGLE Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the EAGLE Site. EAGLE assumes no liability, and shall not be held responsible for, any action you take in connection with your use of the EAGLE Site.
You agree to access the EAGLE Site through a web browser. You further agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the EAGLE Site. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the EAGLE Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the EAGLE Site or any portion of or information on the EAGLE Site, without the prior written permission of EAGLE.
3. Links to the EAGLE Site
You may include on your website a link to the EAGLE Site, provided that (i) you have received the prior written consent of EAGLE to include on your website a link to the EAGLE Site; (ii) the link leads solely to the homepage of the EAGLE Site; (iii) your website does not contain content that infringes any intellectual property or other proprietary right of EAGLE or a third party; is defamatory, libelous or expresses hate; is pornographic, obscene or exploitative of a minor; or otherwise violates any applicable treaty, law or regulations; and (iv) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with EAGLE or the EAGLE Site. We reserve the right to revoke, at any time, consent we may grant to any links to the EAGLE Site.
5. User Content
Except where otherwise expressly provided by EAGLE, all comments, feedback, information or materials submitted to EAGLE through or in association with the EAGLE Site (collectively, “User Content“) shall be considered non-confidential and EAGLE’s property. By submitting such User Content to EAGLE, you agree that you assign to EAGLE, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the User Content. EAGLE shall be free to use such User Content in any manner or media whatsoever, on an unrestricted basis and without any compensation or royalties to you.
6. No Medical Advice Provided
No aspect of the EAGLE Site is intended to provide, or should be construed as providing, any professional medical advice, diagnosis or treatment of any kind. You should not disregard medical advice or delay seeking medical advice as a result of any Content on the EAGLE Site, or otherwise consider any Content on the EAGLE Site to be a substitute for professional medical advice. Please consult qualified healthcare providers regarding any health or dietary concerns or conditions.
7. Third Party Advertisements and Links to Third Party Sites
The EAGLE Site additionally may provide advertisements from third parties, such as banner ads and pop-up texts, and links to the websites of third parties. EAGLE is not responsible for the content of such advertisements or links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by EAGLE of the advertisement or linked site or any content therein. IN NO EVENT WILL EAGLE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR WEBSITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. Prior to navigating or purchasing products via any third party website, you should carefully review the privacy statements of such third party and the third party’s terms and conditions of sale and website use.
8. Modification or Discontinuance of the EAGLE Site by EAGLE
At any time, without notice to you, and for any or no reason, EAGLE may modify or discontinue the EAGLE Site. EAGLE shall in no way be held liable for any consequence which results from EAGLE’s decision to modify or discontinue providing the EAGLE Site.
9. Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE EAGLE SITE, AND ANY CONTENT AND/OR SERVICES CONTAINED IN, DESCRIBED ON OR ACCESSIBLE VIA THE EAGLE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED BY EAGLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EAGLE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE EAGLE SITE OR THE CONTENT OR SERVICES PROVIDED VIA THE EAGLE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, EAGLE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE EAGLE SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE EAGLE SITE. FURTHER, EAGLE MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE EAGLE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL EAGLE OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF EAGLE OR ITS AFFILIATES (THE “EAGLE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE EAGLE SITE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
11. Governing Law
14. Notice and Procedure for Making Claims of Intellectual Property Infringement
EAGLE respects the intellectual property rights of others. If you believe that any Content or other aspect of the EAGLE Site may infringe or otherwise violate your patent, trademark, copyright, privacy right, publicity right or other proprietary right (“Intellectual Property”), please provide EAGLE’s Intellectual Property Agent the written information specified below. Please note that this procedure is exclusively for notifying EAGLE that your Intellectual Property has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the Intellectual Property interest;
- A description of the Intellectual Property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the EAGLE Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the Intellectual Property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the Intellectual Property owner or authorized to act on the Intellectual Property owner’s behalf.
EAGLE shall have no obligation to review or monitor the Content displayed on the EAGLE Site. Nonetheless, upon EAGLE’s receipt of notice of possible infringement or other violation of a third party’s Intellectual Property, EAGLE shall have the right, in its sole and reasonable discretion, to remove or block access to such alleged infringing Content. Additionally, EAGLE may provide certain Personally Identifiable Information of the provider to third parties in the event that EAGLE receives any claim that any of the provider’s Content infringes or otherwise violates the Intellectual Property of any third party or receives any request for such information from a court of law, regulatory agency or law enforcement agency.
If you are the owner or provider of Content on the EAGLE Site and your Content is removed or blocked, EAGLE will notify you of the removal or blocking of such alleged infringing Content by email. Once you have received notice that your Content has been removed or blocked, you will have fourteen (14) days in which to provide EAGLE with a counter notification indicating your good faith belief that the alleged infringing Content was removed due to mistake or misidentification. If EAGLE receives a counter notification from you, EAGLE may, in its reasonable discretion, replace or remove the block to such Content on the EAGLE Site. Nonetheless, EAGLE reserves the right, in its sole and reasonable discretion, to discontinue access to the EAGLE Site of users who may be repeat infringers.
EAGLE’s Intellectual Property Agent for notice of claims of Intellectual Property infringement on the EAGLE Site can be reached as follows:
Eagle Hospital Physicians
16000 N. Dallas Parkway, Suite 450
Dallas, TX 75248