Terms of Use | Cardiology and Trans

Effective Date 08/31/2021

Please read the following carefully as it governs your use of this website (collectively referred to as “we” or the "Site"). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use the Site.

1. SCOPE OF AGREEMENT

These Terms of Use apply to any User who accesses the Site. A "User" is an end user who accesses the Site or makes use of any of the Site’s services and associated tools. These Terms of Use apply to all content and services made available through the Site, including those not available as of the "Effective Date” above.

2. USE OF SITE CONTENT AND MATERIALS

In consideration of your use of our Site, you represent that you are at least 18 years of age, are emancipated minor or have permission from a parent or legal guardian to use the Site and are not a person barred from accessing the Site under the laws of the applicable jurisdiction.

We grant you a non-exclusive, non-transferable, revocable license (a) to access (but not through scraping, spidering, crawling or other technology or software used to access data without our express written consent) and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for personal, non-commercial purposes. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Your license for access and use of the Site and any information, materials or Documents therein (collectively defined as "Content and Materials") are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

3. SITE RULES

1. We require that you adhere to the following rules:

(a) Do not violate or attempt to violate the security of the Site.

(b) Do not access data not intended for your use.

(d) Do not use the Site to advertise or offer to sell or buy any goods or services.

(e) Do not use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party's intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.

(f) Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

(g) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing".

(h) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

(i) Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to individuals or entities.

(j) Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

(k) Do not attempt to or actually access the Site by any means other than through the interfaces provided by the Site or by navigating to https://www.ctahouston.com using a web browser. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services.

(l) Do not use manual or automated software, devices, script robots, other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in or on the Site.

(m) Do not utilize or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive, in our sole discretion, with the Site.

2. Your violation of any of these Rules may result in civil or criminal liability. We will investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. We are under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.

4. PAYMENTS

1. While many of the services offered on the Site are provided free of charge, payments for services may be made via the Site. In order to make payments, you must select a payment method and provide accurate billing and payment information when prompted.

2. Please note we use a third-party payment service to collect payments (“Payment Service”). At the time of payment, you will provide that service your payment information. Please note that any transaction fees that you may incur are charged by your bank and not by us. All questions concerning such fees should be directed towards your bank. Any information you provide in connection with payment will be subject to the Payment Service's user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for the Payment Service's services, its site or any acts or omissions of the Payment Service.

5. THIRD PARTIES

Various third parties may provide materials through the pages on our Site. By providing this service, we are not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such third parties' links and/or ads on the Site and we expressly disclaim any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof

6. REPRESENTATIONS AND WARRANTIES

1. We make no representations or warranties with respect to this Site, its Content and Materials, including, without limitation, material communicated by third parties, all of which are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including without limitation the implied warranties of fitness for a particular purpose. We make no representations or warranties that the services provided by this Site will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, we shall not be not responsible for those costs. We also make no representations or warranties as to whether the information accessible via these pages, including information posted by third parties, is accurate, complete, current, reliable or truthful. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.

2. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, experience, recruiting, hiring or otherwise. No advice or information obtained by any User or its personnel shall create any warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information on this Site will be at your own risk.

3. No Guaranty of Results. We make no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting objectives of Users.

4. User Representations and Warranties. You hereby represent and warrant that you (i) are using the Content and Materials solely for your own personal use and not for any business or research purpose; (ii) will not use the Content and Materials for commercial purposes and will not aggregate, redistribute or otherwise transmit the Content and Materials to any other individual or entity; and (iii) 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 of Use or by applicable law.

7. LIABILITY DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND/OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE SITE, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

WE RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL WE (Or OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND/ OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $50.00. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, WE CANNOT AND DO NOT CONFIRM EACH USER'S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

8. FITNESS FOR USE

Cardiology and Transplant Associates makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local laws.

9. BINDING ARBITRATION

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

As precursor to arbitrating any dispute, you must first contact Cardiology and Transplant Associates by email at frontdesk@ctahouston.com, so that we can work to resolve the dispute. Similarly, we must first contact you at the most recent email address that we have on file for you before bringing a dispute to arbitration. In the event that we cannot resolve a dispute within sixty (60) days of notification by either party or if we are unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with us, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Houston, TX. The arbitrator's decision shall be based upon the substantive laws of the State of Texas without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, we may seek injunctive relief in U.S. state or federal courts for protection of its intellectual property rights, and you agree to exclusive jurisdiction by the federal and state courts located in the State of Texas and waive any jurisdictional, venue or inconvenient forum objections to such courts.

10. GENERAL TERMS

1. Entire Agreement. These Terms of Use constitute the entire agreement between you and usand govern your use of the Site, superseding any prior agreements.

2. User Remedies. You acknowledge that, except as expressly provided elsewhere in this Agreement, your only right with respect to any dissatisfaction with the Sire or any policies or practices in providing this Site is to not use the Site.

3. Choice of Law and Forum. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

4. Indemnity. You agree to defend, indemnify, and hold harmless Cardiology and Transplant Associates (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of this Agreement. We shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

5. Waiver and Severability of Terms. The failure of us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

6. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

7.Amendment. We reserve the right to update or amend these Terms of Use at any time without notice by posting Updated Terms of Use to this web page, so you should visit this page often.

8. Term and Termination. This Agreement is effective until terminated. Cardiology and Transplant Associates, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination may happen without prior notice. We shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any termination. Sections 6-14 shall survive such termination.

9. Filtering. Please note that parental control protections (such as computer hardware, software or filtering services) are commercially available that may help you to limit access to material that is harmful to minors. Information on these types of parental controls is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). We do not endorse any of the products or services listed at these sites.

10. Notice. For purposes of service messages and notices about the services to you, notice shall consist of an email from us to the email address associated with your account, regardless of any other information we may have. We also may, at our option, communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service. We shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability your failure to receive important information about our services.

11. Section Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

12. Privacy Information. We recognize the importance of protecting the information that we collect from customers during the process of using the Site. For further information, please review our complete Privacy Policy which is fully incorporated by reference into these Terms of Use. If you have questions about any of the provisions described above, please contact us at frontdesk@ctahouston.com.

CARDIOLOGY AND TRANSPLANT ASSOCIATES

Alexander Butkevich, MD