PRIVACY POLICY AND USER AGREEMENT

Effective Date: January 1, 2011

THIS PRIVACY POLICY AND USER AGREEMENT ("TERMS OF USE") ARE APPLICABLE TO ANY AND ALL ACCESS TO AND/OR USE OF ANY AUSTIN GASTROENTEROLOGY, P.A. WEBSITE CONTENT ("WEBSITE"). ANY USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE.

WEBSITE TERMS OF USE AND PRIVACY POLICY

  1. No Minors. You represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability to agree to and use this Website in accordance with these Terms of Use.
  2. Purpose of Website. This Website and the materials provided on this Website were prepared by Austin Gastroenterology, P.A. for general informational and educational purposes. The information on this Website may not reflect the most current healthcare developments, and is not guaranteed to be correct, complete, or up-to-date. No warranty is made as to the accuracy of the content of this Website.
  3. This Website Does NOT create a Doctor-Patient Relationship. Information provided on this Website DOES NOT create a doctor-patient relationship between you and any physician affiliated with Austin Gastroenterology, P.A. This Website does not contain individualized or customized medical or healthcare advice. You should not rely on, act or refrain from acting on the basis of any information contained in this Website without seeking direct advice from a healthcare professional. Nothing contained in this Website is or should be considered, or be used, as a substitute for medical advice, diagnosis, or treatment or other professional advice. Information on this Website does not guarantee or warrant a good or particular clinical outcome.
  4. Web Server. Austin Gastroenterology, P.A. reserves the right to collect general information regarding usage and users of this Website.

    Our web server collects and stores the following general information about you:
    • The name of the domain from which you access the Internet (for example, aol.com, if you are connecting from an America Online account);
    • The date and time you access our service;
    • The pages you visit;
    • The Internet address of the website from which you linked directly to us;
    • The name and release number of web browser software you are using.
    This information is collected automatically and is not linked to your personal identity. It is used in an aggregate way to help us improve our Website and make it more useful to you.

    This information may be shared with a third-party web analytics company. Also, we may share information in an aggregated, de-identified form with third parties with whom we have a business relationship.

    Notwithstanding the above, Austin Gastroenterology, P.A. may collect personally identifiable information regarding users who voluntarily provide such information (e.g., e-mail addresses of users who send Austin Gastroenterology, P.A. e-mail or who sign up for e-news, etc.) as further discussed in Section 6 below.
  5. Use of Cookies. Cookies are small files that many websites place on your hard drive that allow those websites to identify you. The use of cookies is a standard and common practice of many websites. For example, if you allow a website to remember your login name or password, the website places a cookie on your computer. We may place cookies on your computer to allow us to know when you are on our Website. We may use cookies to measure web traffic, to offer you certain products or services, and to customize your visit. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your Internet browser may permit you to do so. In many Internet browsers, you can change the browser settings to warn you before accepting cookies or to block cookies. If you block cookies, you may not be able to use certain Website features or functions, or this Website may not operate in an optimal mode.
  6. Online Forms and Email Communication. We do not obtain personal information (e.g., name, address, e-mail address, etc.) about you when you visit the Austin Gastroenterology, P.A. Website unless you choose voluntarily to provide such information to us. If you identify yourself by sending an e-mail, by using a form like "Contact Us," or by registering to receive information from us, there are a few things you should know.
    • Various people at Austin Gastroenterology, P.A. may see the material you submit.
    • We may enter the information you send into our electronic database, to share with our physicians, other healthcare professionals, or our Internet services staff.
    • In other limited circumstances, including requests from legal authorities, we may be required by law to disclose information you submit.
    We cannot guarantee that electronic mail and other Internet communications channels are secure against interception. Please do not e-mail Austin Gastroenterology, P.A. if your communication is for a treatment purpose or includes information like your diagnosis or medical history.

    YOU AGREE NOT TO USE E-MAIL AND OTHER FORMS OF ELECTRONIC COMMUNICATION FOR TREATMENT PURPOSES.
  7. Referrals. Nothing in this Website (including links to other websites) should be interpreted as promoting, referring, recommending, endorsing, guaranteeing, or warranting, any particular healthcare or other service, product, entity, or provider.
  8. Reproduction or Distribution of Website Information. Reproduction, distribution, republication and retransmission of material contained within the Austin Gastroenterology, P.A. Website is prohibited unless the prior written permission of Austin Gastroenterology, P.A. has been obtained. Web links to this Website are prohibited unless the prior written permission of Austin Gastroenterology, P.A. has been obtained.
  9. Links to Third-Party Websites. From time to time, this Website may provide links to other useful or interesting websites that are not owned or controlled by Austin Gastroenterology, P.A. We cannot be responsible for the content or privacy practices used by other website owners. If you have any concerns, you are urged to review the terms of those websites for more information about the policies applicable to those websites.
  10. Disclaimer of Liability. Austin Gastroenterology, P.A. shall not be liable to any party for any claims for damages based on any cause of action whatsoever relating to use of this Website by any person or entity.
    1. AUSTIN GASTROENTEROLOGY, P.A. MAKES NO REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED. THE WEBSITE IS PROVIDED "AS IS." AUSTIN GASTROENTEROLOGY, P.A. MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. AUSTIN GASTROENTEROLOGY, P.A. DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR THE CONTENT IT CONTAINS OR THE METHOD OF DELIVERY OF THAT INFORMATION TO USERS. AUSTIN GASTROENTEROLOGY, P.A. MAY LINK TO WEBSITES OR SERVICES FROM OTHER COMPANIES OR OFFER YOU THE ABILITY TO DOWNLOAD SOFTWARE FROM OTHER COMPANIES. AUSTIN GASTROENTEROLOGY, P.A. IS NOT RESPONSIBLE FOR, AND DOES NOT CONTROL, THOSE WEBSITES, SERVICES, AND SOFTWARE.
    2. AUSTIN GASTROENTEROLOGY, P.A. DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM WEBSITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS IN ANY WEBSITE CONTENT, (C) THE UNAVAILABILITY OF THE WEBSITE, (D) ANY USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY WEBSITE, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. IN NO EVENT SHALL AUSTIN GASTROENTEROLOGY, P.A. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF AUSTIN GASTROENTEROLOGY, P.A. HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
    4. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD AUSTIN GASTROENTEROLOGY, P.A. HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND LOSSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, ANY USE OF ANY CONTENT, DATA, OR DOCUMENTATION RECEIVED THROUGH THE WEBSITE BY YOU, OR YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE, OR YOUR BREACH OR ALLEGED BREACH OF THE COPYRIGHT, TRADEMARK, PROPRIETARY, OR OTHER RIGHTS OF THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION.
  11. Changes and Updates. We will occasionally update this Website Terms of Use and Privacy Policy. You will see the word "updated" followed by the date next to the Privacy Policy link near the bottom of all pages on this Website. If the "updated" date has changed since you last visited this Website, you are encouraged to review the policy to be informed of how this Website is protecting your information.
  12. Complaints. You may contact Austin Gastroenterology, P.A. at 512-420-0186 with any questions or comments.