SurgeonCheck Privacy Policy
SurgeonCheck Privacy Policy

Privacy Policy

Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of surgeoncheck.com (this “site”), including any content, functionality and services offered on or through the site. These Terms of Use cover SurgeonCheck LLC and its subsidiaries, which from this point forward are collectively referred to as “SurgeonCheck”, “we”, “us” or “our”.

PLEASE READ THESE TERMS OF — USE CAREFULLY BEFORE YOU START TO ACCESS THE SITE. BY USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF — USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF — USE AND OUR PRIVACY POLICY, FOUND AT SURGEONCHECK.COM/PRIVACY-POLICY, INCORPORATED HEREIN BY REFERENCE, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF — USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR — USE THE SITE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF — USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF — USE, YOU ARE PROHIBITED FROM USING THE SITE.

You may not access the site if you are a direct competitor of SurgeonCheck, except with our prior written consent. In addition, you may not access the site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

Additional terms and conditions may appear in non-disclosure agreements, consulting agreements, licensing agreements, or other such similar documents entered into with you. Any such additional terms and conditions are incorporated into these Terms of Use by reference and are legally binding. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the site thereafter. Your continued use of the site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this site so you are aware of any changes, as they are binding on you. These Terms of Use apply to all users of the site.

Use of Site

This site is owned and operated by SurgeonCheck. You will be able to access the site without having to register any details with us. Any material you send or post to the site shall be considered non-proprietary and non-confidential. When using the site, you shall not post or send to or from the site (a) content for which you have not obtained all necessary consents, (b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where the site is being used, or (c) content that is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

Our site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions, and all other material provided and the collection and compilation and assembly thereof are the exclusive property of SurgeonCheck, and are protected by U.S. and international copyright laws.

The contents of the site may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on the site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that SurgeonCheck or its businesses has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this site for commercial profit or gain. Nothing in these Terms of Use or on the site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this site and we reserve all rights, title and interest in and to the content on this site, including all related intellectual property rights.

As a condition of your use of the site, you will not use the site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our site is being used, or prohibited by these Terms of Use. You may not use the site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the site, or any contents or services. You may not attempt to gain access to any portion of the site, or any of its contents or services, other than those for which you are authorized.

While every effort is made to ensure the timeliness and accuracy of the site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness, or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other sites, including but not limited to accurateness, completeness, correctness, timeliness, or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this site, or the results to be obtained from using the site. We make no representation or warranty that the site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and sites.

While every effort is made to ensure that all content provided on the site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the site. While every effort is made to ensure smooth and continuous operation, we do not warrant the site will operate error-free.

Site Uptime

We take all reasonable steps to ensure that our site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this site is unavailable at any time.

Links to and from Third-Party Websites

Any links furnished on the site may allow you to leave the site. These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked site(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s). Additionally, SurgeonCheck did not produce and is not responsible for the content of third-party resources.

If you would like to link to the site, you may only do so on the basis that you link to, but do not replicate, any page of the site, and subject to the following conditions:

  • you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  • you do not misrepresent your relationship with us or present any false information about us;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with the law of the United States of America.

If you choose to link the site in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer

All information on the site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this site could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on the site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the site or reliance on the information from either. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERM OF — USE, YOUR — USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY LOST PROFIT OR REVENUE, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR — USE OR INABILITY TO — USE THE SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR — USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CA– USE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the site or your violation of these Terms of Use or your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right.

Applicable Law

We make no representations that the content or the site are appropriate or may be used or downloaded outside the United States. Access to the site and/or the content may not be legal in certain countries outside the United States. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the site.

Our site is created and controlled in the Commonwealth of Pennsylvania, United State of America. Your use and access of this site shall be governed by Pennsylvania law, without effect to its conflict of law principles. By using this site you agree that any legal action arising out of or relating to this site shall be brought only in the federal or state courts in the Commonwealth of Pennsylvania. You agree that jurisdiction and venue are proper in such courts. This site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation or which would subject SurgeonCheck to any registration requirement within such location.

General

These Terms of Use, together with the Privacy Policy, and any legal notices published by us on the site, shall constitute the entire agreement between us concerning use of the site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CA– USE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CA– USE OF ACTION ACCRUES. OTHERWISE, SUCH CA– USE OF ACTION IS PERMANENTLY BARRED.

Privacy Policy

SurgeonCheck LLC and its subsidiaries (“SurgeonCheck”, “we”, “us”, “our”) at times collect sensitive or confidential personal information in the ordinary course of business. We understand the importance of maintaining the confidentiality of such information and are committed to attempting to ensure the security of any information provided to us at all times. This privacy policy (this “Privacy Policy”) shall govern our use and disclosure of your personal information. If you do not agree and approve of the terms and conditions of this Privacy Policy, you are advised and instructed not to use or access surgeoncheck.com (this “site”).

By accessing our using this site, or sharing your information with SurgeonCheck, you agree to the terms set out in this Privacy Policy. As a current or potential client of SurgeonCheck, you acknowledge that you have read, understood and agree with this Privacy Policy. We reserve the right to change our Privacy Policy from time to time and will update this page accordingly. Please review our Privacy Policy as often as possible. Your continued use of this site will be deemed acceptance of any such changes to the Privacy Policy.

In order to deliver personalized and relevant information to you through our site, we collect certain information from users. Please do not provide any sensitive information or health information. If you should do so inadvertently, we will use and disclose that information in the same manner as any other information you provide to us. In operating this site, we may collect and process the following data about you:

  • Details of your visits to the site and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data, including your IP address, the date and time you accessed or left the site, and which pages you viewed. Some parts of the site use cookies and other technologies to collect this information about your general Internet usage.
  • Information that you provide directly to us by filling in forms on the site.
  • Information provided to us when you communicate with us for any reason.

SurgeonCheck stores personal client and prospective client information in its databases in order provide our services to you in the best possible manner. In addition, we may use this information (a) to provide you with information relating to our services, (b) to provide third parties with statistical information about the users of the Site, (c) to monitor and conduct an analysis of site traffic and usage patterns, (d) to analyze trends, (e) to distribute reports, (f) to respond to clients’ inquiries, (g) to resolve problems, or (h) to offer new services. We may retain your information after you stop using SurgeonCheck’s services or otherwise interacting with us. To ensure that your information is secure, we have put in place commercially suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect on our site. Nevertheless, the transmission of information via the internet is not entirely secure and therefore we cannot guarantee the security of data sent to us electronically on the site. Any transmission of information is entirely at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the site.

Where applicable, we may disclose your personal information to any affiliated business entities or third parties necessary to provide products and services to you. This includes third parties involved in the administration and operation of our products and services. We may disclose your personal information to third parties (a) where we sell any or all of our business and/or our assets to a third party, (b) where we are legally required to disclose your information, or (c) when we are contractually obligated to disclose it.