1. ACCEPTANCE OF TERMS OF USE

Each time you use or cause access to this website, you agree to be bound by these Terms of Use as amended from time to time, without notice to you, but posted here. Please also read this website’s Privacy Policy, which is incorporated within these Terms of Use by reference. If you do not agree to these terms and this policy, you may not use this website.

2. DESCRIPTION OF SERVICES

The purpose of this website is to provide information in connection with PeriOptions^SM, a management services company of regional perioperative clinics.

This website does not provide medical advice. The information provided in this website is for informational purposes only, and is not meant to be or to substitute for advice from a medical professional, such as a physician, physician assistant, nurse, paramedic or other medically trained personnel.

3. PeriOptions^SM’S RIGHTS

This website is owned and operated by PeriOptions^SM We can be reached at:

PeriOptions^SM
485 Half Day Road, Suite 440, Buffalo Grove, IL 60089
Phone: 312-834-9757

Please contact us if you have any questions or comments about these Terms of Use, or if you have concerns about the compliance of any content you find on this website with these Terms of Use.

PeriOptions^SM reserves the right to modify or discontinue any provision of these Terms of Use, this website’s Privacy Policy, this website, and its services, and to delete or remove any data you may have provided to us, either temporarily or permanently, at any time, without notice and without any liability. You agree that you will not hold PeriOptions^SM responsible or liable for timeliness or lack thereof, removal of information, failure to store information, inaccuracy of information, and/or improper delivery of information.

4. YOUR OBLIGATIONS AND RESPONSIBILITIES

In order to use this website, you must be at least 18 years of age.

As a user of this website, you bear full responsibility for any information and material that you provide to us.

Your other obligations and responsibilities are included in different paragraphs of these Terms of Use.

5. YOUR CONDUCT

You agree not to use this website or service:

• In any way that violates applicable federal, state, or international laws.
• To impersonate another, falsify information, or make unauthorized use of another’s information.
• To copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the website or service.
• To remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any content obtained through the website or service.
• To exploit, harm, or attempt to exploit or harm children by exposing them to inappropriate content.
• To transmit any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
• To abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
• To reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the website or service.
• To engage in any activity that interferes with a user’s access to the website or service or the proper operation of the website or service.
• To access or collect information from the website or service using automated means (such as through scripts, robots, scrapers, or spiders).
• To interfere with or circumvent any security feature of the website or service or any feature that restricts or enforces limitations on the use of or access to the website or service.
• To use the website or service for commercial or political purposes.
• To disclose, harvest, or otherwise collect information, including email addresses or other private information about any third party, including child users, without that party’s (or for child users, their parent or legal guardian’s) express consent.
• To otherwise violate these Terms of Use or solicit, encourage, or facilitate anyone else to do so.

6. INDEMNIFICATION

To the maximum extent allowed by law, you agree to indemnify, defend, and hold PeriOptions^SM and our officers, employees, affiliates, and agents, harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that may be filed by any third-party, resulting from: (a) your breach or alleged breach of these Terms of Use; (b) your conduct or activities in connection with this website or service; (c) your violation of any law, rule or regulation; or (d) your violation of any third-party rights. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent.

7. DISCLAIMER OF WARRANTIES

ALL INFORMATION, CONTENT, AND/OR SERVICE(S) ARE PROVIDED TO YOU ON AND THROUGH THIS WEBSITE (“SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OF THE SERVICES IS AT YOUR OWN RISK. PERIOPTIONS^SM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN PARTICULAR, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL OR PROFESSIONAL ADVICE. THIS INFORMATION SHOULD NOT BE USED FOR DIAGNOSING OR TREATING A MEDICAL OR HEALTH CONDITION. YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL OR HEALTH CONDITION. PERIOPTIONS^SM MAKES NO WARRANTIES EXPRESS OR IMPLIED AS TO THE VALUE USEFULNESS OR COMPLETENESS OF ANY INFORMATION THAT IS MADE AVAILABLE ON THIS WEBSITE.

ADDITIONALLY, PERIOPTIONS^SM MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY; AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

8. LIMITATIONS OF LIABILITY

YOU UNDERSTAND AND AGREE THAT NEITHER PERIOPTIONS^SM NOR ANY PARTICIPANT IN THE SERVICES PROVIDES PROFESSIONAL OR MEDICAL ADVICE OF ANY KIND, THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE IS TO BE USED SOLELY AT YOUR OWN RISK, AND THAT PERIOPTIONS^SM WILL NOT BE HELD LIABLE IN ANY WAY FOR SUCH ADVICE OR INFORMATION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERIOPTIONS^SM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES EVEN IF PERIOPTIONS^SM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY; AND/OR (V) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The services are controlled and offered by us from facilities in the United States of America. We make no representations that the website or services are appropriate or available for use in other locations. Those who access or use the website or services from other jurisdictions do so at their own volition and are responsible for compliance with local law. Also, in some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

9. INTELLECTUAL PROPERTY

• Copyrights:
Except as otherwise set forth and provided on this website, all material, including but not limited to text, pictures, graphics and flash animations, data, icons and arrangement thereof that is displayed, and any hypertext markup language or any programming code included in or as a function of this website, is protected under the copyright laws of the United States of America and international conventions. It is the exclusive property of PeriOptions^SM and/or its content suppliers, and may not be copied, modified, adapted, or distributed in any form or for any reason without the prior express written consent of PeriOptions^SM.

• Trademarks:
All trademarks, service marks, trade names, and trade dress (collective, “Marks”) included in website content provided by the website’s owner are trademarks or registered trademarks of, and are proprietary to, PeriOptions^SM or other respective owners that have granted PeriOptions^SM the right and license to use the Marks. Rights in any Marks appearing on this website are reserved by their respective owners and may be afforded protection in the United States of America and abroad.

• Reservation of Rights:
PeriOptions^SM reserves all of PeriOptions^SM’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets that are or may be obtained, and any other proprietary right that PeriOptions^SM may have, in respect of this website, its content, and any services that may be provided on this website. The use of PeriOptions^SM’s rights and property requires PeriOptions^SM’s prior written consent. By making services available to you, PeriOptions^SM is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this website or provided services without PeriOptions^SM’s prior written consent.

10. DMCA NOTIFICATION OF COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, PeriOptions^SM’s copyright agent may be contacted in writing via:

[insert DMCA contact info]

In your communication, please: (a) identify in detail the copyrighted work that you believe is infringed; (b) identify the location on this website where the copyrighted work is posted; (c) include your contact address, telephone number and e-mail address; (d) include a statement by you that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or by the law; (e) make a statement by you, acknowledging that the statement is made under penalty of perjury, that all of the information set forth in your statements is accurate and that you authorized to make such statement, either as the copyright owner or under authority of the copyright owner; and (f) include your signature (electronic or physical), if you are the copyright owner, or include a signature of someone authorized to act on the copyright owner’s behalf to allege copyright infringement, if you are not the copyright owner.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, please send a counter notice to the website’s above identified copyright agent. In your communication, please: (a) identify the content that has been removed and the location where the content appeared before it was removed; (b) include a statement by you that you have a good-faith belief that the content was removed as a result of a mistake or misidentification of the content; (c) include your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and (d) include your signature (electronic or physical).

Your right to send copyright infringement notices and counter-notices is governed by the requirements of the Digital Millennium Copyright Act of 1998. See http://www.copyright.gov for details.

If a copyright infringement notice is received, we will process it and, if the requirements are met, may remove the copyrighted content. If a counter-notice is received, we will process it and, if the requirements are met, we may send the counter-notice to the original complaining party and may, in our sole discretion, also restore the copyrighted material.

11. APPLICABLE LAW

You agree that these Terms of Use and any dispute arising out of your use of this website or products or services provided will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws provisions.

12. DISPUTE RESOLUTION

Any controversy, claim or dispute arising out of or relating to these Terms of Use or the breach thereof shall be settled solely and exclusively by binding arbitration held in New York, New York, administered by JAMS and conducted in English. You expressly agree that any dispute about the scope of this agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with this section. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court; provided, however, that PeriOptions^SM may, without inconsistency with this arbitration provision, apply to any court for a preliminary remedy, i.e., equitable or injunctive relief, or to seek enforcement of the arbitral award. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes. Any such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures, with the following exceptions to such rules if in conflict:

a. one arbitrator shall be chosen by JAMS;

b. any arbitration must be commenced within one (1) year after the claim or cause of action arises;

c. each party to the arbitration will pay an equal share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and

d. arbitration may proceed in the absence of any party if written notice (pursuant to JAMS’ rules and regulations) of the proceedings has been given to such party. You agree to bear your own attorney’s fees, costs, and expenses. You agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity; provided, that, nothing in this subsection shall be construed as precluding us from bringing an action for injunctive or equitable relief. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR IF PERIOPTIONS^SM SEEKS INJUNCTIVE OR EQUITABLE RELIEF THEN YOU:

i. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING PERIOPTIONS^SM, AND

ii. SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.

You irrevocably and unconditionally waive any objection that you may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Agreement in the federal or state courts located in the State of New York.

You agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of these arbitration provisions in this Agreement will remain in full force and effect.

You agree that this section of this Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.

13. MISCELLANEOUS INFORMATION

(i) In the event that any provision of these Terms of Use is deemed to be invalid or unenforceable by a court or arbitrator with jurisdiction over the parties, the remainder of these Terms of Use will remain valid and applicable; (ii) the failure of either party to assert any right under these Terms of Use will not be considered to be a waiver of that party’s right, and such right will remain in full force and effect; (iii) you agree that any claim or cause of action in respect of this website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary law; and (iv) PeriOptions^SM may assign PeriOptions^SM’s rights and obligations under these Terms of Use without prior notice to you; in that event, PeriOptions^SM will be relieved of any further obligation.

Notice for California Residents pursuant to CA Civil Code section 1789.3: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.