Terms and Conditions of Use

by admin | April 6th, 2007

Welcome to glenntismanmd.com.

If you visit glenntismanmd.com you agree that your visit shall be subject to our Terms and Conditions of Use. Please read them carefully as the Terms and Conditions of Use limit your rights and remedies should a dispute arise as a result of your use of the website.

Unless stated otherwise, our most current Privacy Policy (discussed below) applies to all information that we have about you.

Who are we?

This website (“glenntismanmd.com”) is owned and operated by Glenn Tisman, M.D., Inc. a California corporation (the “Company”).

ELECTRONIC COMMUNICATIONS

When you visit glenntismanmd.com or send e-mails to Dr. Tisman you are communicating with us electronically. By visiting glenntismanmd.com you consent to receive communications from us electronically.

LICENSE AND SITE ACCESS

The Company grants you a limited license to access and make personal use of glenntismanmd.com and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the site or its contents; any derivative use of the site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The site or any portion of the site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of glenntismanmd.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Dr. Glenn Tisman’s or the Company’s name without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of glenntismanmd.com so long as the link does not portray glenntismanmd.com, Dr. Tisman,the Company, its affiliates, agents, owners, or employees or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any glenntismanmd.com logo or other proprietary graphic or trademark as part of the link without express written permission.

Contacting Us

If you have any questions, comments, or would like additional information concerning the Company, the content of glenntismanmd.com or the services discussed on the website, please contact:

[Add contact info.]

WEBSITE USE: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE, glenntismanmd.com, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. glenntismanmd.com’s OWNERS, OPERATORS AND THEIR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS, INCLUDED ON THIS SITE. BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

This website includes information, opinions and advice relating to medical care, services, health care providers, pharmaceutical drugs, drug and/or treatment regimens. The information and/or advice contained and/or the opinions expressed on glenntismanmd.com are provided for general information purposes only and are not intended to be comprehensive, a case specific professional medical advice. It is not intended to replace either a diagnosis or medical opinion provided by a physician or other licensed health care provider. Use of information or advice provided on glenntismanmd.com is at your own risk.

Jurisdiction, Arbitration Agreement and Governing Law

These Terms and Conditions of Use shall be deemed to have been executed in the State of California of the United States of America and shall be governed and interpreted under the laws of the State of California, without regard to California’s choice of law rules.

All disputes involving these Terms and Conditions of Use, except actions by the owners and/or operators of the glenntismanmd.com website concerning the enforcement of their trademark rights, trade name rights, trade dress rights, copyright rights or other intellectual property rights, shall be submitted to final and binding arbitration by a single arbitrator before the American Arbitration Association. Such arbitration shall take place before the Los Angeles, California branch of the American Arbitration Association. By visiting glenntismanmd.com you specifically agree to be subject to the jurisdiction of the Los Angeles branch of the American Arbitration Association and to the courts sitting in the County of Los Angeles, State of California, in any action to compel arbitration or to enforce an arbitration award and expressly waive any personal jurisdiction objections or defects in any action before the Los Angeles branch of the American Arbitration Association and in any action to compel arbitration and/or to enforce an arbitration award that is brought in the courts sitting in the County of Los Angeles, State of California.

By visiting glenntismanmd.com you further specifically agree and stipulate to jurisdiction and venue in the United States District Court for the Central District of California in any action by the owners and/or operators of glenntismanmd.com concerning the enforcement of their trademark rights, trade name rights, trade dress rights, copyright rights or other intellectual property rights under any applicable State law or statute and/or under the Laws of the United States of America, and waive any jurisdictional defects or objections in any such action before such court. Notwithstanding the foregoing, in no event shall the owners or operators of the glenntismanmd.com website be prohibited from bringing any action concerning the enforcement of their trademark rights, trade name rights, trade dress rights, copyright rights or other intellectual property rights in any other court of competent jurisdiction.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. glenntismanmd.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply. The owners and operators of the Company have the right but not the obligation to monitor and edit or remove any activity or content. Neither the owners nor the operators of glenntismanmd.com take responsibility or assume liability for any content posted by you or any third party.

WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this website. These policies also govern your visit to glenntismanmd.com. The Company reserves the right to make changes to the glenntismanmd.com site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

COPYRIGHTS

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company, or their content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this site is the property of the Company or their software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

Glen Tisman, M.D., Inc. and glenntismanmd.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the owners, operators, or affiliates of glenntismanmd.com. These trademarks and trade dress may not be used in connection with any product or service that is not the Company’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the owners, operators or affiliates of glenntismanmd.com.

Linking Policy

While we retain the right to establish any hypertext links (being the means by which you can skip from one website to another or from one page to another within the same site) between our website and any third party website at our discretion, you agree that you will not create any hypertexts links or deep links (a deep link being a hypertext link which enables a user to enter a website whilst bypassing a home page) between this site and any third party site without our express written consent.

If you choose to use a hypertext link contained within this website then you may leave our website. Once you have left our website, whether or not you have realised that you have left, we are no longer responsible in any way for the material on the other website that you enter. In addition, hypertext links are included in order to provide further information and are not intended to signify that the owners, operators or affiliates of glenntismanmd.com endorse or approve of such website and/or its content. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, cost, injury or financial loss of any kind.

Privacy Policy

The owners, operators and affiliates of glenntismanmd.com know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy.

What Personal Data Do We Collect From You and Why?

The information we learn from customers helps us personalize and continually improve your shopping experience at glenntismanmd.com. Here are the types of information we gather.

Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.

Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses glenntismanmd.com. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide certain automated features. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of glenntismanmd.com’s best features.

The Company also wants you to know that a number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at glenntismanmd.com if we cannot recognize you, we want you to be aware that these tools exist.

E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from the Company if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please contact us at:

[add opt-out contact information].

Information from Other Sources: We might receive information about you from other sources and add it to our account information.

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