General

Texas Gulf Coast Medical Group and, its subsidiaries and affiliates (collectively “Texas Gulf Coast Medical Systems”) provide you with access to this website and the services available on this website, or other websites as indicated below, (collectively, the “Services,” which will be defined more under the Section, “Services.”). Access to and use of the Services is governed by these Terms of Use (the “Agreement”). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.

Services

The Services include Texas Gulf Coast Medical System (located at www.txgulfcoastmed.com) (the “Services”). The Services may also be located on third party websites and/or applications either as a link from an add-on service to, or otherwise in connection with, websites and/or applications that such third parties control. Our Services enable you to find online coupons and promotions available at third party merchant websites.

The Services act as a system or venue to introduce you to sellers of goods and services. Texas Gulf Coast Medical System uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, the Services are composed of promotional offers not controlled by Texas Gulf Coast Medical System and, as such, these offers may change without the knowledge of Texas Gulf Coast Medical System. Texas Gulf Coast Medical System does not control (i) the quality, safety or legality of items available through or on its merchants’ Web sites or sites of third parties not in privities of contract with Texas Gulf Coast Medical System, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), (iii) the availability or technical capabilities of their websites or links to those websites, or (iv) the availability or terms of promotions offered by those third parties. Texas Gulf Coast Medical System is not liable or responsible for content supplied or approved by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. Texas Gulf Coast Medical Group does not guarantee the price, terms, product, availability and/or services offered by any advertiser. For all of the Services, Texas Gulf Coast Medical System is not involved in any transactions between you and any of its merchants or advertisers, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by merchants or advertisers. If you have a dispute with one or more merchants or advertisers, you agree to release and hereby release Texas Gulf Coast Medical System (and Texas Gulf Coast Medical System’s officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Only Personal Use is Authorized

Under this Agreement, Texas Gulf Coast Medical System gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own website any portion of the Services or display through your own website any results pages or other information from the Services without Texas Gulf Coast Medical System’s express permission.

Your right to access the Services is subject to any limits established by Texas Gulf Coast Medical System. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by Texas Gulf Coast Medical System, if any, or authorized in advance and in writing by Texas Gulf Coast Medical System (for example, Texas Gulf Coast Medical System approved third party tools and services). The Texas Gulf Coast Medical Systems websites may contain robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Texas Gulf Coast Medical System).

The technology underlying, and content within, the Services is owned by Texas Gulf Coast Medical System and/or its licensors (including Texas Gulf Coast Medical System’s merchants, advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and Texas Gulf Coast Medical System, Texas Gulf Coast Medical System owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. Texas Gulf Coast Medical System DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Texas Gulf Coast Medical Systems’s Potential Liability for the Services is Limited

NEITHER Texas Gulf Coast Medical Systems NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. Texas Gulf Coast Medical System WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Texas Gulf Coast Medical System, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Defamation, Copyright and Trademark Claims

Texas Gulf Coast Medical Systems is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others’ conduct and information is limited as described therein.

Further, Texas Gulf Coast Medical Systems is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, Texas Gulf Coast Medical Systems has designated an agent to receive notifications of alleged copyright infringement on the Services. For such purposes, please contact here.

In notifying Texas Gulf Coast Medical Systems of alleged copyright infringement, you must include the following information: (a) A description of the copyrighted work that is the subject of claimed infringement; (b) A description of the infringing material and information sufficient to permit Texas Gulf Coast Medical Systems to locate the alleged material; (c) Contact information for you, including your address, telephone number and/or e-mail address; (d) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (e) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf

Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.

Texas Gulf Coast Medical Systems does not arbitrate or resolve trademark disputes among Texas Gulf Coast Medical System’s merchants and advertisers or between those merchants and advertisers and third parties. However, Texas Gulf Coast Medical Systems will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. Texas Gulf Coast Medical Systems occasionally receives requests to remove listings from within the Services. Texas Gulf Coast Medical Systems reserves the right to address such requests on a case-by-case basis.

 

Choice of Law, Waiver, and Claims

This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Texas Gulf Coast Medical System’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Webster, Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Texas Gulf Coast Medical Systems may seek any interim or preliminary relief from a court of competent jurisdiction in Webster, TX as necessary to protect the rights or property of you or Texas Gulf Coast Medical Systems.

Amendment

Texas Gulf Coast Medical Systems may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Texas Gulf Coast Medical Systems.

These terms of service were last revised on January 2017.

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