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Web Site Legal Disclaimer

Your access and use of this site and any page contained herein beginning with www.nfmmc.org is subject to the following terms of use and all applicable laws. By viewing Web pages in this site, you accept, without limitation or qualification, these terms.

1. Specific Disclaimer Concerning Medical Information.
Information and services provided by the site are courtesy of Niagara Falls Memorial Medical Center (hereinafter "Memorial"). This Web site is for the sole purpose of providing reference information to users as a means of introducing them to Memorial and to the services provided by its physicians, health care providers and affiliated locations. The information provided is not intended to replace obtaining medical evaluations and health care advice from qualified health care providers. The information provided here should not be used for diagnosing or treating a health problem or disease. The information obtained on this site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. You should never disregard medical advice or delay in seeking it because of something you have read on this site.

2. Limitation of Liability and Exclusion of Warranty.
This site is provided as is, and your use of it is exclusively at your own risk. Memorial makes no warranties, express or implied, about the use of this site or the materials in it, and disclaims any express or implied warranty or accuracy or quality, and any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Memorial also expressly disclaims any liability for any damage to, or viruses that may infect, your computer equipment or other property as you access or browse the site or download material from it.

Under no circumstances shall Memorial be liable for any indirect, incidental, special, consequential or punitive damages, whether in an action in contract or tort (including negligence and strict liability), resulting from its performance or any failure to perform under these terms of use, including, but not limited to, loss of data, inability to access or use the site, and loss of anticipated profits or benefits, even if Memorial has been advised of the possibility of such damages.

Persons accessing any information on the Memorial Web site, directly or indirectly, assume full responsibility for the use of the information and understand and agree that Memorial is not responsible or liable for any claim, loss or damage arising from the use of said information. Reference to specific products, processes or services does not constitute or imply recommendation or endorsement by Memorial.

3. Accuracy.
The material contained herein is believed to be complete and generally in accord with the standards accepted at the time of publication and prepared with a reasonable standard of care. However, because of the possibility of human error and changes in medical science, the hospital, its employees, content providers, or any other party who has contributed to the site do not warrant that the information contained herein is in every respect accurate or complete, and thus are not responsible for any errors or omissions or for the results obtained from the use of such information. Memorial makes no representation or warranties, express or implied.

4. Content of Linked Sites.
Memorial has not reviewed other sites linked to its site, and is not responsible for their content. Accessing linked sites is at your own risk.

5. Trademarks.
All trademarks, service marks and logos displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of the owner.

6. Privacy.
We operate under the following set of strict privacy principles:

The only information Memorial obtains about individual visitors to its Web site is that supplied voluntarily by visitors.
In cases when Memorial may need personal information to provide visitors with customized content or to inform them about new features or services, visitors are explicitly asked for that information.
Personally identifiable information provided by visitors (name, e-mail or home address, etc.) will not be disclosed to anyone unless visitors indicate that Memorial may do so.
Memorial cannot guarantee the security of Emails sent to us.
External Links. In order to provide visitors with greater value, Memorial may provide links to various third party Web sites. However, even if a third-party affiliation exists between Memorial and that destination site, Memorial exercises no authority over linked sites, each of which maintains independent privacy and data collection policies and procedures. Memorial assumes no responsibility or liability for these independent methods or actions and is not responsible for the independent policies or procedures of destination sites. Similarly, Memorial cannot take responsibility for the privacy initiatives or the content of such Web sites. These destination links are provided only for your convenience, and as such, you access them at your own risk.
Security. The Memorial Web site has security measures in place to protect the loss, misuse and alteration of the information under our control. Memorial employs strict security measures to safeguard online transactions; personal information is stored in a secured database and always sent via an encrypted Internet channel.
Personal health information. Please note that Memorial will not respond to any question concerning a specific medical or health condition. If you submit such a request you will receive a standard response that you should consult with your own health care professional. Of course, we will not intentionally share the contents of this type of an e-mail with any third party. However, due to the nature of electronic communications, we cannot and do not provide any assurances that the contents of your e-mail will not become known or accessible to third parties. WE URGE YOU NOT TO PROVIDE ANY CONFIDENTIAL INFORMATION ABOUT YOU OR YOUR HEALTH TO US VIA ELECTRONIC COMMUNICATION. If you do so, it is at your own risk.

7. Jurisdiction.
Exclusive personal and subject matter jurisdiction and venue for any dispute or claim against Memorial, its officers, directors, employees, and agents in any way relating to the use of this site resides in Niagara County Court in the State of New York. In any such dispute or claim, the parties waive any jurisdictional, venue, or inconvenient forum objections to such court. These terms and conditions and the use of this site shall be governed by the laws of the State of New York.

8. Entire Agreement.
The terms and conditions stated herein constitute the entire agreement between the parties pertaining to the use of this site and may not be modified without the express written consent of Memorial. If any of these terms and conditions are held by a court not to be enforceable, then such provision shall be limited or eliminated to the minimum extent necessary so that the remaining terms and conditions shall otherwise remain in full force and effect.

9. Indemnification.
You agree to indemnify, defend and hold harmless Memorial, its officers, directors, employees, and agents from any claims and actions, including attorneys' fees, arising from your use of this site.

10. Modification.
Memorial may modify these terms and conditions at any time and any such modifications shall be effective immediately upon posting on this site. Your accessing or using this site constitutes your acceptance of the terms and conditions as they appear at the time of your access or use.