Website Terms of Use and Privacy Policy

Last Updated: February 1, 2010

PLEASE READ AND REVIEW THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS AND CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS WITHOUT MODIFICATION BY YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF SERVICE, DO NOT USE THIS WEBSITE.

1. Acceptance. This website (this "Site") is owned by Cardiovascular Associates of Charlottesville, P.L.C., a Virginia professional limited liability company ("CVAOC"). The use of this Site is governed by these Terms of Use and Privacy Policy (collectively, these "Terms of Use") between each visitor to this Site ("you" (in its various grammatical forms)) and CVAOC. Your use of this Site constitutes your acceptance of these Terms of Use. The terms "we" "us" or "our" as used in these Terms of Use refer to CVAOC and any of its affiliates. THESE TERMS OF USE CONTAIN IMPORTANT PROVISIONS CONCERNING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES (SECTION 7) AND LIMITATION OF LIABILITY (SECTION 8).

2. Modification. From time to time, we may, without notice, update and make additions, deletions, or other modifications to these Terms of Use. We encourage you to review these Terms of Use each time you visit this Site so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on this Site on the date that you use this Site even if such provisions have been modified, altered, or deleted since you last used this Site. Your use of this Site indicates your acceptance of all of the terms and conditions of these Terms of Use that are displayed on this Site on the date of such use. Notwithstanding the foregoing, no modification by us of these Terms of Use will apply retroactively.

3. Disclaimer. THE INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. NO STATEMENT OR INFORMATION ON THIS SITE IS INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR CONDITION. YOU SHOULD NOT USE OR RELY ON ANY INFORMATION ON THIS SITE FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM OR CONDITION. ALL DECISIONS RELATING TO THE PREVENTION, DETECTION AND TREATMENT OF HEALTH PROBLEMS SHOULD BE MADE ONLY AFTER DISCUSSING THE RISKS AND BENEFITS WITH YOUR HEALTHCARE PROFESSIONAL WHO CAN PROVIDE YOU WITH TREATMENT ADVICE ON AN INDIVIDUAL BASIS, TAKING INTO ACCOUNT YOUR PERSONAL MEDICAL HISTORY, YOUR CURRENT SITUATION, AND YOUR FUTURE HEALTH RISKS AND CONCERNS.

YOUR USE OF THIS SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND CVAOC OR ANY DOCTOR OR HEALTHCARE PROFESSIONAL EMPLOYED BY OR AFFILIATED WITH CVAOC.

4. Links to Third Party Websites. We may provide links on this Site to other websites that are not under our control ("Third Party Sites"). In general, any website that has an address (or URL) not containing our domain name is a Third Party Site. These links are provided for convenience or reference only and do not indicate any affiliation between the CVAOC and a third Party Site or CVAOC's approval, sponsorship or endorsement of a Third Party Site, the organization or individual operating such Third Party Site, and/or any of the information or content contained on such Third Party Site, including products or services that may be sold or advertised on a Third Party Site. We accept no responsibility for, and we expressly disclaim any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Use contains no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted at such Third Party Site, including any privacy policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at such Third Party Site. We encourage you to review the terms and conditions and any privacy statements posted on a Third Party Site, or to contact the operator of a Third Party Site, prior to using or providing any information on, such Third-Party Site.

5. Ownership; Use of Site. This Site and all information and content contained on this Site are the sole and exclusive property of CVAOC, or are utilized and provided by CVAOC with the permission of the owner thereof. You may only use this Site only for your own personal, lawful, non-commercial purposes. You shall not execute any transaction through this Site other than for yourself or for another person for whom you are legally authorized to act.

6. Use of Content. All intellectual property associated with, or incorporated within, this Site and the content available on this Site, together with all intellectual property rights associated therewith (including the worldwide copyrights therein and all patent, trademark and trade secret rights and protections arising under applicable laws), and all proprietary rights therein are owned by CVAOC or the third party owners thereof. These Terms of Use do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, any content available on this Site, or any intellectual property or proprietary rights associated with any of the foregoing, except for the following limited license: We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of this Site. This limited license includes the right to print one (1) copy of content that is available on this Site, except for images or people and endorsements or testimonials displayed on this Site, subject to the following terms and conditions: (a) you may only use such content in print format; (b) you may not make any commercial use of such content or distribute or disseminate such content in any manner; (c) all copyright, trademark or other proprietary notices that appear on any content must appear on all copies of content that you make, and may not be removed by you or altered in any manner; and (d) you may not use any content in any manner that suggests an association between us and any other person, entity or organization.

7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:

A. YOUR USE OF THIS SITE IS AT YOUR RISK. THIS SITE AND ALL CONTENT AND INFORMATION AVAILABLE ON THIS SITE ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

B. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE AND ALL CONTENT AND INFORMATION AVAILABLE ON THIS SITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

C. WE DO NOT WARRANT OR GUARANTEE THAT: (I) ACCESS TO AND USE OF THIS SITE, (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF THIS SITE) WILL BE UNINTERRUPTED, FREE OF VIRUSES, ERRORS, HARMFUL COMPONENTS, OR OTHERWISE RELIABLE; OR (II) ANY DEFECTS OR ERRORS WITH THE SITE OR ANY INFORMATION ON THIS SITE WILL BE CORRECTED PROMPTLY OR AT ALL. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE OPERABILITY, RELIABILITY, AND PERFORMANCE OF THIS SITE.

D. WHILE WE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION AND CONTENT ON THIS SITE, YOU SHOULD NOT ASSUME THAT ANY CONTENT OR INFORMATION PROVIDED IS ALWAYS UP-TO-DATE, ACCURATE OR COMPLETE, OR THAT THIS SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THIS SITE, OR OF ANY CONTENT OR INFORMATION ON THIS SITE, AND WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY RELATED THERETO. YOUR USE OF, AND RELIANCE UPON, ANY CONTENT AND INFORMATION ON THIS SITE IS AT YOUR SOLE RISK.

8. Limitation of Liability. IN NO EVENT SHALL CVAOC, OR ANY OF ITS PHYSICIANS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS OR AFFILIATES (COLLECTIVELY, "CVAOC PARTIES") BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER ARISING OUT OF, OR RELATING TO, DIRECTLY OR INDIRECTLY YOUR ACCESS, OR USE OF THIS SITE OR ANY OF THE CONTENT OR INFORMATION ON THIS SITE. THE FOREGOING EXCLUSION APPLIES WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF CVAOC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE OF IF YOU SEEK TO ASSERT ANY CLAIM AGAINST CVAOC OR ANY CVAOC PARTY ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE, OR YOUR ACCESS AND/OR USE OF THIS SITE OR ANY INFORMATION OR CONTENT ON THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

9. Privacy Policy. CVAOC is committed to protecting your privacy in connection with your use of this Site. The terms of this Section 9 (this "Privacy Policy") explains under what circumstances we gather your individual information, how we use it, and who may access that information. THIS PRIVACY POLICY IS SPECIFICALLY LIMITED TO PERSONAL INFORMATION THAT WE MAY COLLECT AS A RESULT OF YOUR USE OF THIS SITE. IT DOES NOT APPLY TO CVAOC'S USE OF PROTECTED HEALTH INFORMATION ("PHI") THAT WE COLLECT FROM OUR PATIENTS. WE CURRENTLY DO NOT COLLECT PHI AT OR THROUGH THIS SITE. FOR A WRITTEN COPY OF OUR PRIVACY PRACTICES CONCERNING PHI, PLEASE CONTACT CVAOC. YOU MAY ALSO OBTAIN A COPY OF OUR PRIVACY PRACTICES CONCERNING PHI BY CLICKING ON THE "PRIVACY PRACTICES" LINKS THAT APPEAR ON VARIOUS PAGES OF THIS SITE. OUR PRIVACY PRACTICES CONCERNING PHI DO NOT APPLY TO PERSONAL INFORMATION THAT MAY BE COLLECTED IN CONNECTION WITH YOUR USE OF THIS SITE.

A. Collection of Personal Information. You may browse this Site without disclosing any personally identifiable data. We only collect personally identifiable data when, and to the extent, required to facilitate your use of certain features or this Site. The personal information we collect from you may include your contact information, such as your name, address, telephone number and e-mail address.

B. Our Use and Sharing of Information. We will only use your personal information as is reasonably necessary in connection with your use of this Site, including: (a) to contact you in connection with your use of this Site; (b) for authentication and identification purposes; (c) to ensure your compliance with the Terms of Use and/or to investigate any potential breach of the Terms of Use; and (d) to protect our networks, data, software or business interests.

We are committed to protecting your privacy and we will not sell or lease your personal information to any third party. However, in addition to using and disclosing your personal information in the manner described above and elsewhere in this Privacy Policy, we may disclose your personal information:

i. to any person, entity or organization which you consent for us to disclose personal information to;

ii. to financial institutions and other service providers as is reasonably necessary to verify your credit card information and to bill your credit card for any payments owed by you;

iii. to our business partners and agents who provide hosting services, and website and technical support providers, as is necessary or required in connection with the operation, maintenance and support of this Site;

iv. to comply with any legal requirements, subpoena, discovery requests, or court orders, to defend any legal or administrative proceedings, or as we believe in good faith is necessary to comply with any laws or legal requirements;

v. as we believe is necessary or appropriate in an emergency situation, including without limitation, to prevent criminal activity, personal injury or property damage;

vi. to the police, financial institutions or other appropriate authorities in connection with any investigation of suspected criminal or fraudulent activity by any person or entity.

vii. to protect or defend our rights or property (including enforcement of our rights under the Terms of Use); and

viii. in connection with any legal proceedings relating to your use of this Site

Except as described in this Privacy Policy, we will not disclose your personal information outside of CVAOC without your consent. We may share aggregated demographic and statistical information with our business partners. This is not linked to any personal information that can identify any individual person.

C. Technological Measures. We may also collect certain, anonymous information as you access and navigate this Site. When you visit this Site, we may send one or more cookies - a small file containing a string of characters - to your computer or other device that uniquely identifies your browser. We may use cookies to improve the quality of our service, including for storing user preferences, and tracking user trends. We may set one or more cookies in your browser when you visit this Site. In addition, when you access this Site, our servers may automatically record information that your browser sends. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. We may use these technological tools to collect information to have a better understanding of how people use this Site, to analyze data for trends and statistics, to help diagnose problems with our servers, to enhance the content and features of this Site, and to enhance and tailor visitor's experiences using this Site. The information collected by these technological means is not personally identifiable and we do not link this information to any personally identifiable data.

D. Third Party Sites. This Site may contain links to other websites that are operated by third parties. Once you have clicked on a link or button activator connecting you to such third-party website, you will leave this Site and be taken to a website that we do not control. THIS PRIVACY POLICY DOES NOT APPLY TO ANY PERSONAL INFORMATION COLLECTED ON A THIRD PARTY WEBSITE. We suggest you read the privacy statement of the third-party website before providing any personally identifiable data on that site. We are not responsible for any use by any person or entity of any information that you may provide while accessing or using any third-party website.

E. Access to and Change of Personal Information. You may contact us at any time to: (i) request the removal of the personal information you provided to us from our databases; and (ii) update your personal information.

10. General Provisions.

a. We reserve all rights relating to this Site and the content and information on this Site not expressly granted to you by these Terms of Use.

b. If any provision of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Use.

c. No waiver by us, and no failure by us to exercise any of our rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized officer of CVAOC.

d. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of laws principles of any jurisdiction. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Albemarle County, Virginia or the City of Charlottesville, Virginia with respect to all disputes arising out of or relating to these Terms of Use and/or your use of this Site.