TERMS OF USE FOR GEOMETRY FUNDOPLICATION APP

 

© 2019 Houston Methodist Hospital

These Terms of Use (“Terms”) govern your use of the Geometry Fundoplication Application (the “App”) developed by Houston Methodist Hospital (“we”, “us”, or “our”).  We may change these Terms or modify any features of the App at any time.  The most current version of the Terms can be viewed by clicking on the “Terms of Use” link accessible from the App.  You agree only to use this App under the most current version of the Terms.

THE APP DOES NOT PROVIDE MEDICAL ADVICE.  THIS APP IS INTENDED ONLY FOR USE BY A LICENSED PHYSICIAN,  AND REQUIRES THE USE OF THE PHYSICIAN’S OWN MEDICAL JUDGEMENT AND EXPERIENCE.  You are responsible for performing your own review of the accuracy and applicability of the calculations in each case, and you may not rely on the App for medical advice or treatment.  You may not use the App on behalf of, or for the purpose of providing its calculations to, any other person or entity.

WE MAKE NO REPRESENTATION AND WE EXPRESSLY DISCLAIM ANY WARRANTY THAT ANY INFORMATION FROM THE APP IS ACCURATE, ERROR FREE OR COMPLETE OR THAT IT WILL MEET YOUR NEEDS. As between you and us, you remain solely liable for any advice, course of treatment, diagnosis or any other information, services or results obtained based on or following use of this App, and you agree that we are not subject to any liability based on your reliance on this App or the information it produces.  Although this App has been designed based on actual clinical data, the calculations remain subject to change as additional clinical data is obtained.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE APP AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.

The App is subject to intellectual property protections under United States laws and the Berne Convention for the Protection of Literary and Artistic Works and other applicable international conventions and treaties. You will not obscure or remove copyright notices on the App.  Other than as permitted by these Terms, we do not grant to you, and we expressly reserve, all rights in the App.

The App is intended for use by residents of the United States. You agree that your access to and use of the App will be governed by and will be construed in accordance with the laws of the State of Texas without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the App must be resolved by a court of competent jurisdiction located in Houston, Texas, unless agreed upon by all parties.

PRIVACY POLICY

By using the App, you consent to our processing information you provide to us consistent with our Privacy Policy, as updated from time to time, the current version of which is here.

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