Introduction.
  Thank you for using www.shelbyasc.com (the “Site”) a website which is controlled and operated by Shelby Ambulatory Surgery at Physicians Center, a freestanding ambulatory surgery center licensed by the Alabama Department of Health and located at 1010 First Street North Alabaster, Alabama 35007 (the “Center”).  You can contact us at this address.  This Site contains general information about surgical procedures and related medical matters, as well as information about the Center and the services offered at the Center.  THE SITE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY.  YOUR USE OF THE SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP OR ANY OTHER TYPE OF HEALTH PROVIDER-PATIENT RELATIONSHIP WITH THE CENTER OR ANY OF ITS AFFILIATED PHYSICIANS OR HEALTH CARE PRACTITIONERS, NOR DOES SUCH USE CONSTITUTE THE OFFER OR RECEIPT OF MEDICAL ADVICE, DIAGNOSIS, PROGNOSIS OR TREATMENT FOR ANY CONDITION FROM THE CENTER OR ANY OF ITS AFFILIATED PHYSICIANS OR HEALTH CARE PRACTITIONERS.  A DETAILED CONFIDENTIAL DISCUSSION OF YOUR SPECIFIC MEDICAL CONDITION AND HEALTH STATUS WITH YOUR OWN PHYSICIAN/HEALTH CARE PROVIDER OF YOUR CHOICE IS AN INTEGRAL AND NECESSARY COMPONENT OF OBTAINING APPROPRIATE MEDICAL CARE.  NO USER OF THIS SITE, WHETHER OR NOT THE USER HAS RECEIVED SERVICE AT THE CENTER BEFORE, SHOULD ACT OR REFRAIN FROM ACTING BASED ON THE CONTENT OF THIS SITE WITHOUT SEEKING APPROPRIATE MEDICAL ADVICE FROM A PROPERLY LICENSED HEALTH CARE PROFESSIONAL.  IF YOU THINK THAT YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR DIAL 911 IMMEDIATELY. Although the information contained in this Site is not intended to be advertising, some material may be considered advertising under the professional rules of conduct in some states.  The Center may be unable to respond to a user from a jurisdiction where the material provided on this Site does not comply with local state ethics rules, if that user communicates to us directly as a result of material they viewed on this Site.  The following Terms and Conditions apply to your use of this Site.  By using this Site, you acknowledge that you have read, understood and agree to comply with those terms (the “Agreement”).  If you do not accept any of these terms, please do not use the Site.  Our Privacy Policy is contained on a separate page (please click here to view our Privacy Policy).  Please read this page and our Privacy Policy carefully. 
General.  Your use of this Site indicates acceptance of these Terms and Conditions.  We may from time to time change the terms that govern your use of our Site and we will post such revised Terms and Conditions on this page.  Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. 
               
Terms of Use
 
a. Trademarks & Copyright:  Copyright in the content of this Site (including without limitation all images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear on this Site and HTML and other code) is owned by the Center or its licensors and may be vigorously protected by the relevant owner.  Except as expressly stated otherwise, you are authorized to view, copy, print and distribute the content of the Site subject to the following conditions:  (i) it is used for informational, non-commercial purposes only; (ii) any copy or portion must include the Shelby Ambulatory Surgery at Physicians Center copyright notice; (iii) no modifications are made; and (iv) the Center reserves the right to revoke such authorization at any time, and any such use shall be discontinued upon written notice from the Center.  USE, DUPLICATION OR DISCLOSURE OF MATERIALS LINKED TO THE SITE BY OTHER WEBSITES ARE NOT COVERED BY THIS SITE’S TERMS OF USE; ACCORDINGLY, USE, DUPLICATION OR DISCLOSURE OF THOSE MATERIALS MUST BE CONSISTENT WITH THE TERMS OF USE APPEARING AT THOSE WEBSITES.  THE CENTER EXPRESSLY DISCLAIMS ANY AUTHORITY TO PERMIT THE USE, DUPLICATION OR DISCLOSURE OF SUCH MATERIALS. The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) may also be protected by intellectual property law.  All product names, names of services, trademarks and service marks (“Marks”) are the property of the Center, or the property of their respective owners, as indicated.  You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.                   
b. Links:  There may be links that make it easier for you to connect to third party sites or that will let you access this Site from third party sites.  Linked third party sites are not under the control of the Center and the Center is not responsible for the contents of any linked site or any link contained in such a linked site.  Existence of links to other third party sites is not an endorsement by the Center in favor of such site or the products or services contained in any linked site.  The Center cannot warrant or guarantee that any information downloaded from the Site or from any linked site are free from error, viruses, or other destructive properties, and it is up to you to take the necessary steps to protect your computer and files from erasing, destruction, corruption or other malfunctions.  Any concerns regarding any such service or resource or any link thereto should be directed to the provider of the outside service or resource.  The Center at all times reserves the irrevocable right to rescind consent to any link to this Site. 
c. Transmission and feedback of information:  Any information you transmit through this Site is subject to the Center’s Privacy Policy.  You agree that the Center may use and/or disclose information about your demographics and use of the Site in a manner that does not reveal your identity.                     
d. Acceptable use:  The information displayed on the Site may not be used for any purpose except in connection with your direct personal use of the Site as permitted by these Terms and Conditions.  In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. 

You may not do the following in connection with use of the Site:

send unsolicited commercial email to the email addresses provided on the Site.  The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from the Center.  In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law.
attempt to probe, scan or test the vulnerability of our Site, system or network or to breach security or authentication measures without proper authorization.
interfere with the proper functioning of the Site or the Center, including, without limitation, via means of submitting a virus to the Site or the Center, overloading, “flooding”, “mailbombing” or “crashing”.
send unsolicited email of promotions and/or advertising of products or services.
forge any TCP/IP packet header or any part of the header information in any email.
frame the contents of any part of the Site within any materials not originated by the Center. You agree to indemnify us against all claims, demands, actions, expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) arising from or incurred as a result of breach of these prohibited uses and for breach of our copyright, trademarks and other intellectual property rights.    
               
 
e. Termination:  This Agreement is effective unless and until terminated by either you or the Center.  You may terminate this Agreement at any time.  The Center may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the Center’s sole discretion you fail to comply with any term or provision of this Agreement.  Upon any termination of this Agreement by either you or the Center, you must promptly destroy all materials downloaded from this Site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.                   
f.  Severance & Waiver:  If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.                   
g. Entire Agreement:  Except as provided herein, these terms and conditions are the entire agreement between us and supersede any prior understanding or agreements (written or oral).                   
h. Third Party Rights:  Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right to enforce any provision of this Agreement or any agreement entered into in connection with it.                  
i. Governing Law:  Any claim relating to and the use of, this Site and the materials contained herein is governed by the laws of the State of Alabama.
SITE CONTENT; DISCLAIMER AND LIMITATION OF LIABILITY:  THE CENTER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIAL OR GRAPHICS ON THIS SITE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CENTER EXPRESSLY EXCLUDES ALL WARRANTIES, OBLIGATIONS, REPRESENTATIONS, LIABILITIES, TERMS OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, OR ARISE IN CONTRACT, STATUTE, OR OTHERWISE, AND IRRESPECTIVE OF THE NEGLIGENCE OF THE CENTER, ITS EMPLOYEES OR AGENTS) IN CONNECTION WITH THE INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION ANY RELATING TO SATIFACTORY QUALITY, FITNESS FOR PURPOSE, CONFORMITY WITH DESCRIPTION, CARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS).
ALTHOUGH WE ENDEAVOR TO ENSURE THAT THE CONTENT OF THE SITE IS ACCURATE AND UP TO DATE, USERS SHOULD SEEK APPROPRIATE MEDICAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA THE SITE.  THE CONTENTS OF THE SITE SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE DIAGNOSIS, PROGNOSIS OR TREATMENT.  IN NO EVENT SHALL THE CENTER BE LIABLE FOR PERSONAL INJURIES, LOSS OF USE, DATA OR PROFITS OR LOSS OF BUSINESS OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON INFORMATION ON THE SITE OR ANY OF ITS CONTENTS OR ANY DELAYS IN THE PROVISION OF INFORMATION OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF USING THE SITE.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION.  TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY.  THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY.
The Center does not warrant that the functions contained in this Site or its content will be uninterrupted or error-free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful components.  If you are aware of any error on this Site please contact us and we will try to correct it.  Please note that the information, materials and graphics available on this Site may be incomplete, out of date or incorrect.  The information, materials and graphics available on this Site may be subject to change without notice.
These Terms and Conditions were last updated on November 1, 2008. © Shelby Ambulatory Surgery at Physicians Center.