GueldnerMD.com (T. L. Gueldner, MD, FACS), TERMS OF USE AGREEMENT

Acceptance. IT IS IMPORTANT THAT YOU READ ALL THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This Terms of Use Agreement ("Agreement") is a legal agreement between you and T. L. Gueldner, MD, FACS, the owner and operator of this website (the "Website"). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the "Content"). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. T. L. Gueldner, MD, FACS may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Not Medical Advice. The information on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment or care, nor is it intended to be a substitute therefore. Always seek the advice of a physician or other qualified health provider properly licensed to practice medicine or general health care in your jurisdiction concerning any questions you may have regarding any information obtained from this site and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on GueldnerMD.com. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

Medical Emergency. DO NOT USE THE WEBSITE FOR MEDICAL EMERGENCIES. If you have a medical emergency, call a physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.

No Physician-Patient Relationship. The presentation of information on the Website does not establish a physician-patient relationship between you and T. L. Gueldner, MD, FACS, or any of its physicians and is not intended as a solicitation of individuals to become patients or clients of T. L. Gueldner, MD, FACS.

No Endorsements. Unless specifically stated, T. L. Gueldner, MD, FACS does not recommend or endorse any specific brand of products, services, procedures or other information that appears or that may be advertised on the Website.

DISCLAIMER OF WARRANTIES. THE WEBSITE AND THE CONTENT IS PROVIDED "AS IS". WHILE T. L. GUELDNER, MD, FACS, ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE, CURRENT AND TIMELY, T. L. GUELDNER, MD, FACS MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY OR COVENANT THAT, (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY ITEM(S) MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY AND/OR FIT FOR A PARTICULAR PURPOSE; (II)THE WEBSITE OR CONTENT WILL :BE ACCURATE, COMPLETE, CURRENT RELIABLE, TIMELY OR SUITABLE FOR ANY PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS AND USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.

Linking. The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by T. L. Gueldner, MD, FACS, of any third- party website or the content thereof. T. L. Gueldner, MD, FACS does not operate any third-party web site and is not responsible for the Content of any third-party website, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

While T. L. Gueldner, MD, FACS. encourages links to the Website, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of, or (ii) any website which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material, which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights. T. L. Gueldner, MD, FACS reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation; any link which contains or makes available any Content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of T. L. Gueldner, MD, FACS.

LIMITATION OF LIABILITY. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL T. L. GUELDNER, MD, FACS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST BUSINESS, MEDICAL INJURY, PERSONAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION, IMPROPER TREATMENT OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR USE, MISUSE OR RELIANCE UPON THE WEB SITE, OR YOUR INABILITY TO USE THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.. THE FOREGOING LIMITATION SHALL APPLY EVEN IF T. L. GUELDNER, MD, FACS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

T. L. GUELDNER, MD, FACS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE, OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE ("THIRD- PARTY"). UNDER NO CIRCUMSTANCES SHALL T. L. GUELDNER, MD, FACS, AND HIS EMPLOYEES, AGENTS, LICENSORS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY, AND (II) ANY ACCESS, USE, RELIANCE UPON OR INABILITY TO USE ANY MATERIALS, CONTENT, GOODS OR SERVICES LOCATED AT, OR MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE WEBSITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF T. L. GUELDNER, MD, FACS KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity. You agree to indemnify, defend and hold harmless T. L. Gueldner MD, FACS, and his employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Website or any web site to which the Website is or may be linked to from time to time or, (iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything on or from the Website.

Copyright. The Content is protected by copyright law and is owned by T. L. Gueldner, MD, FACS, and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Web site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of T. L. Gueldner, MD, FACS.

Limited License. Subject to the terms and conditions of this Agreement; you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use thy Website and the Content for your personal, noncommercial use. You are granted the right to download; store and/or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and repost items, comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.

Security. Any information sent or received over the Internet is generally not secure. T. L. Gueldner, MD, FACS cannot guarantee the security of any communication to or from the Website.

Severability. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Notice. Questions or comments regarding the Website should be directed by e-mail to Webmaster@GueldnerMD.com

Termination. T. L. Gueldner, MD, FACS may, in its sole discretion, cancel or terminate your right to use the Web site, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Web site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive. T. L. Gueldner, MD, FACS shall not be liable to any party for such termination.

Entire Agreement. This is the entire agreement between you and T. L. Gueldner, MD, FACS relating to your access and use of the Website.