Terms of Use

Acceptance of Terms
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE. By accessing and using this website (”Sound Site”) owned and operated by Sound Physicians, Inc. (“Sound”), you acknowledge that you have read and expressly agree to the Terms of Use set forth below. You further agree that these Terms of Use may be modified from time to time, without prior notice to you. If you do not agree to the Terms of Use, you are directed to immediately exit the Sound Site.

Terms of Use
The Sound Site and any and all services of Sound available via the Sound Site are provided subject to the terms set forth herein. Upon visiting the Sound Site, you agree to be bound by these Terms of Use.

We reserve the right, at any time, to modify, alter or update these Terms of Use, and any such modification, alterations or updates to the Terms of Use will be effective upon posting. In the event we modify, alter or update these Terms of Use, your continued use of the Sound Site will signify your acceptance of any such changes.

Trademarks
SoundInstitute™, SoundConnect™, SoundImpact™, SoundInside™, SoundAmbassadors™, SoundTransitions™, Path to Partnership™, Path to Leadership™, Patients. Our Greatest Concern. Physicians. Our Greatest Asset.®, Patients are our greatest concern. Physicians are our greatest asset.™, Defining Hospital Medicine™, and other marks displayed on the Sound Site are the proprietary trademarks or service marks of Sound Physicians, Inc. Sound’s marks may not be used in connection with any product or service that is not Sound’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Sound. All other marks not owned by Sound that appear on the Sound Site are the property of their respective owners, who may or may not be affiliated with or connected to Sound Physicians, Inc.

All content on the Sound Site, including design, text, graphics, logos, button icons, images, software, videos, audio clips, and data compilations (“Content”), plus any improvements or modifications to such Content and any derivative works thereof, and the collection, arrangement and assembly of all Content on the Sound Site are the property of Sound or its licensors and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be construed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Sound.

Copyright Notice and Use of the Sound Site
© 2009 Sound Physicians, Inc. All rights reserved.
Reproduction of any of the materials contained on the Sound Site in any format or media without the express written permission of Sound is prohibited, except as provided for in this Section 2. The unauthorized copying or reproduction of any portion of the Sound Site constitutes actionable copyright infringement.

The Sound Site may include information, articles, newsletters, and other Content. You may download, view, copy and print information, documents and other materials on or from the Sound Site (i) solely for personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You agree not to upload on or transmit to or via the Sound Site any information or other Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan Horse or other contaminating or destructive feature; or (v) otherwise violates any applicable law, regulation or treaty.

You agree to access the Sound Site through a web browser. You further agree you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Sound Site. You agree not to take any other action that imposes an unreasonable or disproportionate large load on the Sound Site. You agree you will not interfere, in any way, with others’ use of or access to the Sound Site and will not attempt to gain unauthorized access to the computer system of any other Sound Site user.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Sound Site or any portion of or information on the Sound Site, without the prior written permission of Sound.

Sound assumes no liability, and shall not be held responsible for, any action you take in connection with your use of the Sound Site.

Links to the Sound Site
You may include on your website a link to the Sound Site, provided that (i) you have received the prior written consent of Sound to include on your website a link to the Sound Site; (ii) the link leads solely to the homepage of the Sound Site; (iii) your website does not contain content that infringes any intellectual property or other proprietary right of Sound or a third party; is defamatory, libelous or expresses hate; is pornographic, obscene or exploitative of a minor; or otherwise violates any applicable law, regulation or treaty; and (iv) neither the link nor any other content on your site suggests your site is sponsored by or affiliated with Sound or the Sound Site. We reserve the right to revoke, at any time, any consent we may grant to link your website to the Sound Site.

Privacy
The terms of our Privacy Statement, to the extent applicable, are hereby incorporated as part of these Terms of Use.

Not Medical Advice
No aspect of the Sound Site is intended to provide, or should be construed as providing, any professional medical advice, diagnosis or treatment of any kind. The Sound Site may contain Content relating to various medical, health and fitness conditions and their treatments. Such Content is intended for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other health care professional. You should not use the information contained on the Sound Site for diagnosing a medical, health or fitness related condition or disease. If you have any concerns or questions about your health or medical condition, you always should consult with a physician or other health care professional. Never disregard, avoid or delay obtaining medical or health care advice or assistance from your health care professional because of something you may have read on the Sound Site, or otherwise consider any Content on the Sound Site to be a substitute for professional medical advice. IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER.

THIS SITE IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PRACTICE OF HEALTH CARE SERVICES BY SOUND PHYSICIANS. YOUR USE OF THE SITE DOES NOT CREATE A PHYSICIAN / PATIENT, CONFIDENTIAL, OR OTHERWISE PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTY ON THE PART OF SOUND PHYSICIANS.

Third-Party Advertisements and Links to Third-Party Sites
The Sound Site may links to the websites of third parties. Sound is not responsible for the content of such advertisements or links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by Sound of the advertisement or linked site or any content therein. IN NO EVENT WILL SOUND BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR WEBSITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. Prior to navigating or purchasing products via any third party website, you should carefully review the privacy statements of such third party and the third party’s terms and conditions of sale and website use.

Sound Physicians is not responsible for third-party linked websites nor is Sound responsible for the content of any of the linked websites. Sound Physicians provides these links as an additional resource for its users and does not endorse the companies that own, control or manage the linked websites, nor does Sound Physicians endorse or support any views expressed or products or services offered by or through any linked websites.

HIPAA Applicability
Sound is not a covered entity under the administrative simplification provision of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (”HIPAA”), nor is Sound a health care provider for purposes of the Washington Uniform Health Care Information Act. Sound is concerned about your privacy, but it does not have to comply with these confidentiality laws. Accordingly, the protections for any information you post or otherwise provide to Sound are described in our Privacy Policy . YOU SHOULD REVIEW THE PRIVACY POLICY AND CONSIDER THE PRIVACY IMPLICATIONS CONCERNING ANY INFORMATION YOU PROVIDE TO SOUND BEFORE YOU PROVIDE SUCH INFORMATION.

Disclaimer of Warranties and Limitation of Liability
SOUND MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SOUND SITE OR THAT THE CONTENTS OR SERVCIES PROVIDED VIA THE SOUND SITE ARE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOUND SITE, INCLUDING ALL CONTENT, SERVICES, SOFTWARE OR INFORMATION MADE AVAILABLE ON THIS SITE, IS AT YOUR OWN RISK AND THAT ALL SUCH INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER SOUND, ITS DIRECTORS, OFFICERS, ITS EMPLOYEES OR ITS AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OF THIS SITE, INFORMATION MADE ACCESSIBLE BY THE SOFTWARE USED ON THIS SITE, OR ANY PRODUCTS, SERVICES OR HYPERTEXT LINKS TO OUTSIDE WEBSITES. SOUND, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SOUND DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SOUND SITE IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SOUND SITE. SOUND DOES NOT REPRESENT OR WARRANT THAT A USER’S ACCESS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL SOUND, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SOUND SITE (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY ARISING IN CONNECTION WITH ANY PARTIES USE OF THE SITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF SOUND IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not permit limitations on implied warranties or the exclusion or limitation of certain types of damage, and thus some or all of the disclaimer, exclusions or limitations above may not apply to you.

Indemnification
You agree to indemnify and hold Sound harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from or in connection with (i) your use of the Sound Site or any information or materials contained or displayed therein; (ii) your violation of these Terms of Use; (iii) any User Content you post on the Sound Site or otherwise provide to Sound; or (iv) your violation of any rights of any third party.

Governing Law
The laws of the State of Washington will govern these Terms of Use, without giving effect to any principles of conflict of laws. You agree that any action arising out of the Terms of Use or your use of the Sound Site shall be brought in state or federal court in the Western District of Washington, and you consent to the jurisdiction of such courts.

Miscellaneous
Sound reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Sound Site. Sound’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of the Terms of Use or Sound’s legal rights. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms of Use set forth the entire understanding between you and Sound with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Sound with respect to such subject matter.

Contact
If you have any questions relating to these Terms of Use, the Sound Site or Sound, please contact: marketing@soundphysicians.com.