Terms of Service

Terms and Conditions

Last Modified: July 21st, 2021

Acceptance of the Terms of Use

Welcome to www.entcenteralabama.com (the “Website”) an offering of the ENT Center of Northwest Alabama LLC (the “Practice”, “we” or “us”). These terms of use are entered into by and between you, the user of this Website (“you” or “your”) and the Practice. The following terms and conditions (these “Terms of Use”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, our privacy policy regarding health information found at www.entcenteralabama.com/privacy (the “HIPAA Policy”), and our privacy policy for the Website found at www.entcenteralabama.com/privacy (the “Website Privacy Policy”).

If you do not agree to these Terms of Use, our HIPAA Policy, or our Website Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are 18 years of age or older and of legal age to form a binding contract with the Practice. If you do not meet this requirement, you must not access or use the Website. Further, in compliance with the Children’s Online Privacy Protection Act (“COPPA”), this Website and the collection of data through this Website are not offered nor available to users who are 13 years of age or younger. By using this Website, you further represent and warrant that you are not below the age of 13. If you do not meet this requirement, you must not access or use the Website. 

Changes to the Terms of Use

We may revise and update these Terms of Use. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for: making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to Practice through the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Website Privacy Policy and/or HIPAA Policy, and you consent to all actions we take with respect to your information consistent with our HIPAA Policy and our Website Privacy Policy. We have the right to disable or delete any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Notwithstanding the forgoing, if your username, password, or other identifier used by you to access the website has been provided to you by the Practice as a means for accessing your medical records we shall take reasonable steps to make this information available to you upon your request, as required by law and consistent with our HIPAA Policy.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Practice, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: 

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

  2. You may store files that are automatically cached by your Web browser for display enhancement purposes. 

  3. If we provide social media features with certain content, you may take such actions as are enabled by such features. 

You may not print, modify, or download any materials (including any illustrations, photographs, video, or audio) from the website other than these Terms of Use, the Website Privacy Policy, the HIPAA Policy, and information provided to you directly by the Practice directly related to your health information or payment information. You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of all such materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted in these Terms of Use are reserved by the Practice. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 

Trademarks

The Practice name, the Practice logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Practice or its affiliates or licensors. You must not use such marks without the prior written permission of the Practice. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. 

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  2. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content (including any photographs, images, or videos on the website of a mature or explicit nature), asking for personally identifiable information or otherwise. 

  3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use. 

  4. To impersonate or attempt to impersonate the Practice, a Practice employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). 

  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Practice or users of the Website or expose them to liability. 

Additionally, by using the site you agree not to: 

  1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. 

  2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. 

  3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. 

  4. Use any device, software, or routine that interferes with the proper working of the Website. 

  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. 

  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 

  8. Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  1. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

  2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

  3. Terminate or suspend your access to all or part of the Website for any reason, including any violation of these Terms of Use. 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE PRACTICE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

Content Standards

These content standards apply to all photographs, images, or videos of you that you gave permission to us to use, post, or disclose and content that you post to social media through our Website (“User Contributions”) you post, submit, display, or transmit on or through this Website. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; 

  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; 

  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; 

  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, HIPAA Policy, and our Website Privacy Policy; 

  5. Be likely to deceive any person; 

  6. Promote any illegal activity, or advocate, promote, or assist any unlawful act; 

  7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; 

  8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization; 

  9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or 

  10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We cannot review all material before it is posted on or through the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. 

Copyright Infringement

If you believe that any materials on the Website violate your copyright, please contact us using the contact information on the last page of this Terms of Use. It is the policy of the Practice to terminate the user accounts of repeat infringers. 

Reliance on Information Posted 

The information presented on or through the Website is made available solely for general information purposes and merely accessing our Website and its resources does not create the physician/patient relationship. We do not warrant the accuracy, completeness, or usefulness of this information. You should only review information on our Website for general information purposes and not as a recommendation, diagnosis, or solution to any specific condition or treatment. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Practice, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Practice. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Changes to the Website 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our HIPAA Policy and our Website Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the HIPAA Policy and our Website Privacy Policy. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website, send e-mails or other communications with certain content links to certain content, on this Website, or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not establish a link from any website that is not owned by you, link to any part of the Website other than the homepage, or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website; Third Party Applications

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Website may contain one or more tools or applications developed by or licensed from third party providers (“Third Party Applications”), one of which may include a web-portal healthcare access system, as well as patient-portals accessible through our electronic medical record (the “Patient Portal”). We shall not be responsible for the performance or your use of the Third Party Applications, each of which are provided without warranty of any kind by us.  If we utilize a Patient Portal that  allows participants to send messages regarding their healthcare by electronic inquiry to healthcare staff members, then the following terms shall apply:

  • Not for Emergencies: We and our affiliates caution you that use of the Patient Portal is not intended for emergency situations requiring immediate attention.

  • Getting a Response: We and our affiliates will make their best efforts to provide timely responses to electronic inquiries, but response times are not guaranteed. 

  •  If our clinical staff not be immediately available, it may take several business days for a response.

  • The electronic system is never appropriate for emergencies. We cannot respond to emergencies using this system. 911 and other phone-based emergency response systems have been set up to deal with emergencies.

  • Responses depend on communications that include sufficient information to make a recommendation. Photographs may be uploaded and other data included. You are responsible for providing sufficient information to receive a response. If insufficient information is provided, our staff may respond by requesting more information, or by stating that they cannot provide an answer to the inquiry without more information.

  • Where our staff think it is appropriate, the response may (but is not required to) include contacting you by regular mail, phone, or other means than electronic response. By using the Patient Portal, you agree to allowing us to contact you in this manner.

  • Your medical record may be supplemented by information you upload (or communications you make) through the Patient Portal. 

In addition, we may employ features on our Website that automatically gathers and posts positive reviews about our Practice.  If you post positive reviews about our Practice or physician (even if posted to a Third Party Application, or through a third party search engine, review service, or other website), you consent and agree that we may post, automatically gather, and use such review for any purpose permitted by law and in connection with such authorization, hereby assign your intellectual property rights in and to the same to us. 

Geographic Restrictions

The owner of the Website is based in the State of Alabama in the United States. We provide this Website for use only by persons located in the United States. We make no claim that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or that the Website or Third Party Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THIRD PARTY APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY THIRD PARTY APPLICATIONS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY THIRD PARTY APPLICATIONS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PRACTICE NOR ANY PERSON ASSOCIATED WITH THE PRACTICE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THIRD PARTY APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE PRACTICE NOR ANYONE ASSOCIATED WITH THE PRACTICE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY THIRD PARTY APPLICATIONS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THIRD PARTY APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE PRACTICE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE PRACTICE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES (INCLUDING ANY PHOTOGRAPHS, IMAGES, OR VIDEOS OF YOU THAT YOU GAVE PERMISSION TO US TO USE, POST, OR DISCLOSE) OR ANY THIRD PARTY APPLICATIONS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES (NOT INCLUDING THE DELIVERY OF HEALTHCARE SERVICES TO YOU), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Practice, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, its Content, or the Third Party Applications including, but not limited to, your User Contributions (including any photographs, images, or videos of you that you gave permission to us to use, post, or disclose on the Website or through Third Party Applications), any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively the courts of the State of Alabama in each case located in the County of Lauderdale or in the federal courts of the Northern District of Alabama, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THIRD PARTY APPLICATIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Practice of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Practice to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement 

The Terms of Use, our HIPAA Policy, and Website Privacy Policy constitute the sole and entire agreement between you and the Practice with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. In the event that there is any inconsistency between statements in these Terms of Use and the HIPAA Policy or between statements in the Website Privacy Policy and the HIPAA Policy, then the statements in the HIPAA Policy will control.

Your Comments and Concerns

This website is operated by ENT Center of Northwest Alabama LLC, an Alabama limited liability Practice. All notices, feedback, comments, requests for technical support, and other communications relating to the Website should be directed to ENT Center of Northwest Alabama LLC at: contact@entcenteralabama.com. Thank you for visiting the Website.