PDC Terms of Use Agreement

Website Terms of Use

1. Acceptance of Terms of Use

These Website Terms of Use (these “Terms of Use”) govern your use of the website maintained by the Private Diagnostic Clinic, PLLC (the “PDC,” “we,” “us,” or “our”) located at www.pdc.dukehealth.org (the “Site”). By accessing, browsing, or using the Site or any pages of the Site, you are indicating that you have read and acknowledge and agree to be bound by these Terms of Use and the Site’s Website Privacy Policy located at the Privacy Policy.  If you do not agree to every provision of these Terms of Use and the Site’s Website Privacy Policy, please do not access, browse, or use the Site.

These Terms of Use may be revised at any time for any reason, without notice or obligation, by updating this posting.  By accessing, browsing, or using the Site following the posting of changes to these Terms of Use, you accept such changes.  You agree to use the Site in a manner consistent with any and all applicable rules, laws, and regulations.  Any use of the Site in a manner inconsistent with these Terms of Use is deemed unauthorized access and may subject the user to civil or criminal penalties.  We strongly recommend that you periodically visit this page of the Site to review these Terms of Use.  

These Terms of Use are effective as of August 2015.

2. Site Content

The Site and all material on the Site or contained therein (the “Content”), including, without limitation, all text, graphics, and other works on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site are owned by the PDC or a third-party.  These materials are protected under copyright, trademark, and other laws.  You may not copy, download, transmit, modify, distribute, or republish the Site or any portion of the Site, including without limitation any of the Content displayed on the Site, without the prior written consent of the PDC.  You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer, or otherwise exploit the Site or any Content.  Use of any Content on the Site is prohibited without the prior written permission of the PDC.  As long as you comply with these Terms of Use, the PDC grants you a personal, non-exclusive, non-transferable, limited privilege to access and make personal use of the Site.

3. Legal Requirements

If the PDC has a good faith belief that any action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, the PDC may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.  Please see the Site’s Website Privacy Policy located at the Privacy Policy for additional information relating to the privacy and security of information collected through the Site.

4.Your Use of the Site

You agree that you will not: (a) use the Site in any unlawful manner; (b) use the Site to harm minors in any way; (c) forge headers or otherwise manipulate identifiers in order to disguise any information transmitted through the Site; (d) interfere with the Site or servers or networks connected to the Site; (e) interfere with the ability of others to use the Site; (f) reproduce, sell, resell, sub-license, distribute, or exploit for any commercial purposes, any portion of the Site or the Content contained therein; (g) conduct your business on the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; (h) otherwise use the Site in violation of any law or contract; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Site or Content contained in the Site without the PDC’s prior written permission; (j) download, reproduce, duplicate, copy, or otherwise exploit any portion of the Site for the purpose of sale, resale, or making other commercial use thereof; (k) include in any thirty party website any hypertext link to any page or location within the Site without the PDC’s prior written permission; or (l) display the Site or any portion thereof in frames without the PDC’s prior written permission.

5. Linked Sites

The PDC has not reviewed all of the websites linked to the Site and is not responsible for the content of any third-party pages or any other websites linked to the Site.  Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by the PDC.  Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites.  The PDC reserves the right not to link, or to remove the link, to a particular website at any time.  Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by the PDC.  The PDC has no control over these linked websites and makes no representations or warranties with respect to these linked websites.  Your viewing and use of any third-party websites is at your sole discretion and risk.

6. Indemnification

You agree to hold harmless and indemnify the PDC, its subsidiaries, affiliates, business partners, contractors, clients, and service providers, and their respective directors, officers, managers, members, employees, agents, and representatives from and against any claims, liabilities, costs, or damages (including reasonable attorneys’ fees) made by any third-party, relating to or arising from your use of the Site, any violation of these Terms of Use by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.

7. PDC Trademarks

All trademarks, service marks, logos, and company names (each a “Mark”) used in the Site are the property of the PDC or third-parties and shall remain the property of the PDC and such third-parties.  Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Site without the prior written permission of the PDC or such third-party that may own the Mark displayed on the Site.  Your misuse of any Mark displayed on the Site, or any other content on the Site, is strictly prohibited.

8. Termination

You acknowledge and agree that the PDC may terminate your use of the Site for any reason, including, without limitation, your violation of these Terms of Use.  You agree that the PDC may terminate your access to and use of the Site without prior notice and without any liability to you or any third-party.  You acknowledge and agree that the PDC may modify, limit, suspend, or discontinue the Site or any part of the Site at any time, without notice or liability to you.  The PDC may also, from time to time, establish general rules and policies regarding use of the Site.  The PDC will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site.  The PDC shall have no liability or responsibility with respect to any lost data, such as the deletion of or failure to store messages, communications, or other information transmitted by you to the Site.

9. Disclaimers and Limitation of Liability

THE PDC IS PROVIDING THE SITE AND THE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS.  THE PDC DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  IN ADDITION, THE PDC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.  THE PDC DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE MANNER.  THE CONTENT IS FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, LEGAL, OR OTHER DECISIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

IN NO EVENT SHALL THE PDC OR THIRD-PARTIES WHO CONTRIBUTE TO THE SITE BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD-PARTIES.  IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS OF USE, THE PDC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

10. Governing Law and Jurisdiction

The PDC maintains the Site from its offices in Durham, North Carolina.  These Terms of Use and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement shall be governed by the laws of the State of North Carolina, without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State.  The exclusive forums for the resolution of any dispute relating to these Terms of Use shall be the state and federal courts in Durham County, North Carolina, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms of Use and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

11. Notice

All notices, demands, or consents given by you under these Terms of Use will be in writing and will be deemed given when delivered to the PDC at the following contact:

            Private Diagnostic Clinic, PLLC
            Attn:  Office of Legal Counsel
            DUMC 3810
            Durham, North Carolina 27710

12. Miscellaneous

You may not assign, sublicense, or otherwise transfer any of your rights under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  Headings in these Terms of Use are for convenience only and shall have no legal meaning or effect.  These Terms of Use, and not the conduct between us or any trade practice, shall control the interpretation of these Terms of Use between the parties with respect to the Site.  The PDC’s failure to enforce a particular provision of these Terms of Use does not mean that the PDC waives the right to enforce it in the future; the PDC shall waive such a right only in writing.