Terms of Use

Acceptance of Terms

Total Cardiac Solutions, Inc., a Texas corporation (“TCS”) with offices in California, makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all services operated by TCS and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that TCS may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

TCS reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Defined Terms

Unless stated otherwise, the following terms shall have the respective meanings assigned to them below when using these Terms of Use:

Privilege Application: A hospital privileging application offered for Users to submit relevant materials online.
User: Any person or entity accessing the Site, including but not limited to individuals, health care providers, hospitals, clinics, and other institutions,
Application Content: Information, materials, files, communications, and documents that are posted or uploaded by users in conjunction with the Privilege Application.
User Content: All other user-supplied information, files, communications, and documents, excluding the Application Content.
TCS Content: All Materials provided by TCS.
Client: Hospitals, clinics, and institutions that contract with TCS, or seek to do so, for the provision of physician services. This term is used when references Clients to which TCS may transmit Application Content or User Content. When using the Site, hospitals, clinics, and institutions are referred to as Users.

Types of Users

Please be aware that certain activities on this Site, such as the Privilege Application, are available only to persons invited by TCS to participate in such activities.

Limitation of Agreement

Agreement to these Terms of Use constitutes an agreement with TCS solely for the terms of using the Site.

The User acknowledges that agreement to the Terms of Use, use of the Site, and/or submission of Application Content or User Content does not create any further contract or agreement with TCS, including but not limited to contracts physician services, employment agreements, business agreements, contracts for service, or independent contractor agreements.

Intellectual Property; Limited License To Users

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, TCS and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by TCS, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. TCS offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by TCS. You agree that you will not hold TCS responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the TCS Content and User Content available on this Site subject to the following conditions:

1. The TCS Content and User Content may be used solely for personal, informational, and internal purposes.

2. The TCS Content and User Content may not be modified or altered in any way.

3. The TCS Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.

4. You may not remove any copyright or other proprietary notices contained in the TCS Content and User Content.

5. TCS reserves the right to revoke the authorization to view, download, and print the TCS Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from TCS.

6. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the TCS Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark Information

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of TCS or other third parties. You are not permitted to use the Marks without the prior written consent of TCS or such third party that may own the Marks.

License to TCS For User Content

By submitting User Content to this Site you grant TCS the following licenses:

For User Content such as comments to TCS on user forms, contact forms, reports or suggestion forms, you grant TCS an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that TCS is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of TCS or others.

License to TCS For Application Content

You may submit only User Content or Application Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

Prohibited Communications

User Conduct

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from TCS; not to access or attempt to access any Application Content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Managing Content and Communications

TCS reserves the right, in its sole discretion, to delete or remove User Content and/or Application Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. TCS may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content or Application Content, including but not limited to areas where Services are available, and the substance of any User Content or Application Content. To the maximum extent permitted by law, TCS will have no liability related to User Content or Application Content. TCS disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Application Content.

Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and TCS or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, TCS makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.

This Site could include technical or other mistakes, inaccuracies, or typographical errors. TCS may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and TCS makes no commitment to update such Materials or Services.

You understand and acknowledge that (i) TCS does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) TCS makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) TCS shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. TCS assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from TCS or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

Indemnity and Liability

In no event, including, without limitation, negligence, shall TCS, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not TCS has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by TCS from its offices within the state of California United States of America. By accessing this Site, you and TCS agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and TCS also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of California with respect to such matters.

General

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between TCS and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by TCS to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.