CONCORD WEBSITE TERMS OF USE POLICY
DEFINITIONS
The term “Concord”, includes Concord Medical Management, Inc., its affiliated practice groups registered in various states, and all of its affiliated companies and any subsidiaries.
The term “Concord Providers” means physicians and advance practice providers (physician assistants and nurse practitioners) that are contracted or employed by Concord affiliated practice groups in the various states in which Concord affiliates provide healthcare, primarily emergency department and hospitalist staffing and management. Concord itself does not, and cannot by law, practice medicine, and it does not supervise or direct the Concord Providers on how to practice medicine. Each Concord Provider practices medicine using their own judgment based on their education, training and experience. Nothing in this Concord Website is intended to represent otherwise.
DISCLAIMER AND TERMS OF USE
Absent specific reference otherwise, the references to “Concord”, “we”, “our”, “us” and the “Company” refer to Concord Medical Management, Inc., the Concord Providers, the affiliated practice groups, and other subsidiaries and affiliated companies. Similarly, references to the “Concord Providers”, affiliated providers, “our practitioners”, “our clinicians”, or our “doctors” or “advance practitioners” are references to the Concord Providers who are contracted with or employed by one of the Concord affiliated practice groups in various states.
Acceptance of Terms of Use. Please read these Terms of Use carefully. The Concord Website and its related content are provided for your use subject to the terms and conditions of the Concord Website. Your continued use of the Concord Website indicates your acceptance and agreement to the Terms of Use. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE CONCORD WEBSITE. WE VERY MUCH APPRECIATE YOUR COOPERATION.
Use of the Concord Website. The information contained on the Concord Website is offered solely for your use and consideration, but is subject to your independent verification. There is no warranty on anything represented on the Concord Website, and Concord disclaims any and all liability, legal responsibility for the content on the Concord Website. While Concord tries to maintain the Concord Website up-to-date, some materials or discussions may be out-of-date, therefor, you should use your own independent judgement and verification before relying on the materials and discussions on the Concord Website. Concord does not grant permission to use anything on the Concord Website and the reliance on anything in the Concord Website is not for use and practice. Nothing on this Concord Website is a substitute for a clinical practitioner’s independent judgment when diagnosing and treating patients. A licensed practitioner should be consulted for any medical condition.
The entire Concord Website, including images, text, displays, charts, graphs, video, audio and design are owned by Concord, subject to copyright, trademark protection, and/or other intellectual property laws. You may not distribute, reproduce, sell, create derivative works for publicity, display, transmission or
otherwise use any of the Concord Website except as provided herein or if specifically granted advance written permission by Concord Medical Management, Inc. You may print and download one (1) copy of a reasonable number of pages for personal, non-commercial use only, and not for reproduction or distribution. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device provided you agree to be bound by our end user license generally prohibiting you from distributing the application for non-personal or commercial use. You may not modify materials from the Concord Website, use any illustrations, photographs, charts, video, audio, or any graphics separated from the text of the Concord Website, or delete any copyright, trademarks or other legal notices from copies of materials from the Concord Website. Any use of these materials outside of these guidelines on any other website, advertisement, or networked computer environment is strictly prohibited. All product names, regardless of size or shape, or whether they are marked with any symbol, are trademarks of Concord, and its affiliates. The use or misuse of these trademarks and/or copyrights, or other materials is expressly prohibited and may constitute a violation of trademark and copyright laws, communications regulations and other applicable laws.
If you breach any of these Terms and Conditions, your authorization to use the Concord Website shall automatically terminate, and you must immediately destroy any downloaded materials. Concord also reserves the right to terminate your authorization to use the Concord Website and have any accounts or access you may have if you breach or threaten to breach these Terms and Conditions.
Use of Software. Your use, installation or downloading of software from the Concord Website (the “Software”) indicates your acceptance of and is subject to the licensing terms set forth in the Software Licensing Agreement that accompanies the Software. If no such Software Licensing Agreement accompanies or is provided with the Software, then you agree that you accept a limited, non-exclusive, non-transferable license to use the So “as is” solely for your personal use, for your own internal purposes. Your use of any Software is subject to the following provisions: (1) you shall not translate, disassemble, decompile, reverse engineer, alter or modify the Software or make any copies of any documentation or Software (except one (1) copy for back-up or archival purposes only; (2) you shall not sell, assign, sublicense, transfer, disclose, or permit access to the Software or related documentation to any other person or entity; and (3) CONCORD DISCLAIMS AND THE LICENSOR DISCLAIMS, AND YOU ACCEPT THE SOFTWARE WITHOUT, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
Use of Information and Materials. The information and materials contained in the Concord Website are subject to change. Not all information or materials are available or apply to all geographic areas. Your eligibility for participation and services is subject to the final determination and acceptance by Concord or the entity providing the materials or information. Nothing is guaranteed by Concord. The Concord Website has not been designed to provide financial, investment or medical advice, nor does Concord provide instruction on the use of materials and information on the Concord Website. Concord shall not be held responsible or liable for any actions taken based on the information presented on the
Concord Website, and all users acknowledge and agree that access and use of the Concord Website, and any information and content from the site is at the user’s own risk.
You agree not to use the Concord Website:
- In any way that violates any applicable laws; and
- For exploiting, harming, or attempting to harm minors or in any way exposing the to inappropriate content, or for submitting or requesting information concerning minors; and
- To transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; and
- To impersonate or attempt to impersonate a Concord Provider, employee or anyone else affiliated with Concord, another user or any other person or entity (including by using email addresses or screen names associated with any of the foregoing; and
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Concord Website, or which, as determined by Concord in its sole discretion, may harm Concord, its reputation, or users of the Concord Website, or expose any of Concord or the users to liability.
Additionally, you agree not to:
- Use the Concord Website in any manner that would disable, overburden, damage or impair the Concord Website, or interfere with any other party’s use of the Concord Website; and
- Use any device, software, or routine that interferes with the proper working of the Concore Website; and
- Introduce any viruses, trojan horses, worms, logic bombs, for malware of any type or other material which can harm the Concord Website, or any computers that access the Concord Website; and
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Concord Website, the server on which the Concord Website is stored, or any other server, computer or database connected to the Concord Website; and
- Attack the Concord Website via a denial of service attack or ransomware; and
- Otherwise attempt to interfere with the proper working of the Concord Website.
Linking and Social Media Features. You may link to our homepage, provided that you do so in a way that is fair, not misleading, is legal, and does not discredit, malign, or take advantage of our reputation, and so long as the link does not suggest any for of association, approval, or endorsement by Concord. Links on this Concord Website to third-party websites and resources are provided solely as a convenience to you. This includes links contained in advertisements, including banner ads and sponsored links. Please note that Concord is not responsible for the content or activities associated with any website, resource or entity that is linked to or from the Concord Website. If you use links on the Concord Website, you will leave the site. Concord has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Concord does not endorse or make any representations about them. If you decide to access any of the third-party sites linked to the Concord Website, you do this solely at your own risk.
The Concord Website may provide some social media features that enable you to link from your own or certain third party websites to certain content on the Concord Website, send emails or other communications with certain content, or links to certain content, on the Concord Website, or cause limited portions of the Concord Website to be displayed or appear to be displayed on your own or certain third party websites. You may use these features solely as they are provided and otherwise in accordance with any additional terms we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you; and
- Cause the Concord Website or portions of it to be displayed by, for example, framing, deep linking or in-line linking, on any other website; and
- Liink to any part of the Concord Website other than the homepage; and
- Otherwise take any action inconsistent with the Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and links at any time without notice in our sole discretion.
Accessing the Concord Website and Account Security. We may restrict access to some parts of our website to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Concord Website and ensuring that all persons who access the Concord Website through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Concord Website or some of the resources it offers, you may be asked to provide information for registration or access. It is a condition of use of the Concord Website that all information you provide to register or seek access is correct, current and complete. You agree that all information you provide is governed by our Privacy Policy.
If you choose or are provided with a username, password, or other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You acknowledge that your account is personal to you and you agree not to provide any other person with access to the Concord Website or portions of it using your name or password or any other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Disclaimer and Limitation of Liability. Concord cannot and does not warrant that files available for downloading will be free of viruses, malware, or other destructive code. You are responsible for implementing sufficient procedures for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Concord Website for reconstruction of any lost data. NEITHER CONCORD NOR ANY OF ITS AFFILIATES, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED IN THIS SITE OR
INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF USER’S ACCESS, USE OR INABILITY TO USE THE CONCORD WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED AT THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Concord further does not warrant the accuracy and completeness of the content on this Concord Website. Concord may make changes to the materials and services at the CONCORD WEBSITE at any time and without any notice. The materials and services at this Concord Website may be out-of-date, and CONCORD makes no commitment to update the materials and services at the Concord Website.
Applicable Laws. The Concord Website is administered by Concord, or its website builder, through its offices in Lubbock, Texas, and this Concord Website and these Terms and Conditions (including, without limitation, the validity, construction, and performance of duties related to the Terms and Conditions) will be governed by and construed in accordance with the laws of the United States of America, and/or the laws of the state of Texas, without giving effect to any principles of conflicts of law. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Dallas, Texas, for any dispute with Concord, its Providers and/or its affiliated groups, employees, officers, directors, and content providers. Concord makes no representation that materials or services at this Concord Website are appropriate or available for use outside of the United States, and access to the Concord Website from territories where its contents are illegal or where any provision of these Terms and Conditions are unenforceable or illegal is prohibited. You may not use or export or re-export the material or services at this Concord Website or any copy or adaptation in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations. If you choose to access this Concord Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations. You agree that any cause of action or claim that you may have related to this Concord Website must be made or instituted within one (1) year from when the cause of action or claim accrued. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed to be a further or continuing waiver of such Terms and Conditions or any other term or condition. NOTE: Anyone linking to the Concord Website must comply with any guidelines for linkage promulgated by Concord, and any and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in meta tags and/or hidden text as trademark infringement, and treat the us of these trademarks in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.
User Submissions. Except only for any contrary notice in the Concord Privacy Policy (please review our policies on privacy; PRIVACY POLICY) or in any notice posted on the Concord Website in connection
with your use of a portal or other means to transmit information, any material, information. or other communication you transmit or post to this Concord Website will be considered non-confidential and non-proprietary. Concord will have no obligations with respect to such communications and may use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such materials, including all data, images, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Concord Website any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law, and you further agree to indemnify, defend and hold harmless Concord for any such posting of materials by you in violation of these Terms and Conditions and the agreement you made. No patient identifying information is to be shared, transmitted or uploaded to the Concord Website. Concord is not responsible or liable to any third party for the content or accuracy of any user submissions posted by you or any other user of the Concord Website.
Unannounced Changes and Exceptions to Terms of Use. Concord may revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices located on this Concord Website.