Terms of Use
Agreement for Use of This Website
All of the webpages related to the domains ‹www.dchpkids.com›
and any other domain operated by or for Driscoll Children's Health Plan
constitute an online information and communications service and
internet site (the “Service”) provided by Driscoll Children's Health Plan (“DCHP”) and other sources. Use of the Service
is governed by the terms and conditions of this Agreement. Please
read this Agreement carefully before accessing or using the Service.
Throughout this Agreement, Driscoll Children's Health Plan is referred
to as “DCHP,” “we,” or “us.”
By accessing or using the Service, you agree to be bound by all
of the terms and conditions of this Agreement. This Agreement is
intended to be fully effective and binding on you and on us. BY
USING THE SERVICE, YOU ACCEPT THESE TERMS OF USE.
Copyright
Copyright 2006 by Driscoll Children's Health Plan . ALL RIGHTS RESERVED.
Text, graphics, and HTML code are protected by U.S. and international
copyright laws. The marks “Driscoll Children's Health Plan ,”
“DCHP, the DCHP logo and the tumbling children logos are marks
of DCHP.
The materials on the Service are copyrighted by us and/or by other
applicable rights holders. You may download and reprint a single
copy of the materials from the Service for your own personal, noncommercial
use only, provided you include all applicable notices and disclaimers.
Any other use of the materials is strictly prohibited without our
prior written permission and the permission of the applicable rights
holder(s).
Terms of Use
DCHP offers the Service for general informational and educational
purposes only. Nothing related to the Service is intended as medical
advice nor should be used for diagnosis or treatment apart from
consultation with a qualified healthcare professional. The Service
is not intended to create any physician-patient relationship, nor
should it be considered a replacement for consultation with a healthcare
professional. If you have questions or concerns about your health,
please contact your healthcare professional. IF YOU THINK
YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT
INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL,
NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION
OR TREATMENT OR SERVICES IN ANY JURISDICTION. YOU UNDERSTAND AND
AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER USER
OF THE SERVICE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES,
FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES
ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES
ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED
ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE
AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO
STOP USING THE SERVICE. WHILE DCHP HAS ENDEAVORED TO MAKE SURE THE
INFORMATION CONTAINED IN THIS SITE IS ACCURATE, WE CANNOT GUARANTEE
THE ACCURACY OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY
OR GUARANTEE OF ANY KIND.
Indemnity
You agree to indemnify DCHP and any of our successors, assigns or
licensees, together with any of their respective officers, directors
and employees, against any damages, losses, liabilities, judgments,
costs or expenses (including reasonable attorneys' fees and costs)
arising out of a claim by a third party relating to your use of
the Service, or any breach or violation of this Agreement or any
other term or condition contained on the Service.
General
DCHP is located in Corpus Christi, Texas, in the United States of
America. DCHP makes no claims that the Service is appropriate or
may be downloaded outside of the United States. Access to the Service
may not be legal by certain persons or in certain countries. If
you access the Service from outside the United States, you do so
at your own risk and are responsible for compliance with the laws
of your jurisdiction. The following provisions survive the expiration
or termination of these Terms and Conditions for any reason whatsoever:
Terms of Use, Jurisdiction, Indemnity, and Complete Agreement.
Jurisdiction
You expressly and irrevocably agree that exclusive jurisdiction
for any dispute with DCHP, or in any way relating to your use of
the Service resides in the courts of the State of Texas and you
further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of Texas in connection with
any such dispute including any claim involving DCHP, affiliates,
subsidiaries, employees, contractors, officers, directors, telecommunication
providers, and content providers.
You agree that any legal proceeding against DCHP related to the
Service shall be filed and tried only in the Court of Common Pleas
for Nueces County, Texas, United States of America. Both parties
hereby expressly waive any right to a jury trial in any such proceeding.
These Terms and Conditions are governed by the internal substantive
laws of the State of Texas, without respect to its conflict of laws
or choice of laws principles. If any provision of these Terms and
Conditions is found to be invalid by any court having jurisdiction,
then 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 a further or continuing waiver
of such term or condition or any other term or condition.
Complete Agreement
Except as expressly provided in a particular "legal notice"
on the Service, these Terms and Conditions constitute the entire
agreement between you and DCHP with respect to use of the Service.
Please also read our Privacy
Policies.
Contact Information
If you have any questions about these terms of use or the practices
of this site, please contact us at feedback@dchcc.org
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