This is a legal agreement between you and R S Ashraf MD and hereinafter referred to as “R S Ashraf MD.” You have access to https://ashrafpediatrics.com and R S Ashraf MD services only under the policies, terms and conditions below. For convenience, we will refer to the R S Ashraf MD website and any content therein provided by R S Ashraf MD as the “Site.”
The policies, terms and conditions below limit R S Ashraf MD’ liability and obligations to you and allow R S Ashraf MD to change, suspend or terminate your access to and use of the Site and R S Ashraf MD services. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site.
YOU UNDERSTAND THAT BY USING THE SITE AND R S ASHRAF MD SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND R S ASHRAF MD SERVICES IS SUBJECT TO THE TERMS OF THIS AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND R S ASHRAF MD SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR R S ASHRAF MD SERVICES.
1. Eligibility to use the Site and R S Ashraf MD Services is limited.
The Site and R S Ashraf MD Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.
You shall not use the Site if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States or its citizens.
2. You use R S Ashraf MD services, and consult with R S Ashraf MD agents, at your own risk.
(a) R S Ashraf MD recommends that you do not disclose personal contact information to its agents. If you do, you do so at your own risk.
(b) R S Ashraf MD does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by its agents, and nothing shall be considered as a referral, endorsement, recommendation or guarantee. You must use your judgment to determine whether to initiate, receive and/or discontinue use of R S Ashraf MD services. If you initiate, receive and/or discontinue use of R S Ashraf MD services, you do so entirely at your own risk, and R S Ashraf MD bears no responsibility in this regard. R S Ashraf MD does not monitor telephone conversations.
(c) If you suffer any harm arising out of or connected with the Site or R S Ashraf MD services, you hereby waive all claims against and release R S Ashraf MD and its agents from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site or R S Ashraf MD services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
3. R S Ashraf MD may modify this Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) R S Ashraf MD reserves the right in its sole discretion to modify or discontinue the Site or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective fifteen (15) days after they are initially posted on the Site. If any modification is not acceptable to you, your only recourse is to cease using the Site and R S Ashraf MD services. By continuing to use the Site or R S Ashraf MD services following any posting of a new Agreement or policies on the Site, you accept and agree to be bound by the new Agreement or policies.
(b) Without limiting other remedies, R S Ashraf MD may at any time suspend or terminate your use of the Site and refuse to provide access to the Site without reason or notice to you.
4. The Site is only a venue for R S Ashraf MD Services.
R S Ashraf MD acts only as an interface to facilitate communications initiated between you and its agents. You are not an employee, agent or contractor of R S Ashraf MD, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and R S Ashraf MD services.
5. You are solely responsible for all use made of the Site and R S Ashraf MD services
You agree that R S Ashraf MD is not responsible for any loss that you may incur as a result of any unauthorized person using your account. You agree that R S Ashraf MD may use information provided by you.
6. In using or accessing the Site or R S Ashraf MD services, you agree to comply with the following:
(a) You (as a client receiving R S Ashraf MD Services) will not record or otherwise store any live voice services that you receive through the Site.
(b) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of R S Ashraf MD, and you will cooperate fully with R S Ashraf MD to investigate any suspected unlawful, fraudulent or improper activity.
(c) You will not attempt to gain unauthorized access to any account information, computer systems or networks associated with the Site.
(d) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
(e) You will not “frame,” “mirror” or otherwise copy any portion of the Site without R S Ashraf MD express written authorization.
(f) R S Ashraf MD will adhere to all applicable laws and regulations governing its actions in connection with the Site and (as a venue providing R S Ashraf MD
Services) is responsible for meeting the requirements of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.
7. R S Ashraf MD disclaims any warranties or representations regarding the Site and R S Ashraf MD services.
THE SITE AND ANY OF R S ASHRAF MD SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. R S ASHRAF MD AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, R S ASHRAF MD SERVICES AND ALL COMMUNICATIONS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, R S Ashraf MD makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
8. R S Ashraf MD liability for your access to and use of the Site and R S Ashraf MD services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL R S ASHRAF MD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR R S ASHRAF MD SERVICES, WHETHER OR NOT R S ASHRAF MD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY R S ASHRAF MD, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF R S ASHRAF MD SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED.
9. Links to Other Websites.
The Site may provide links to websites other than R S Ashraf MD.
Any notice or other communication to be given hereunder will be in writing and given (a) by R S Ashraf MD via facsimile, receipt confirmed, United States mail or email (in each case to the number or address that you provide), and (b) by you via email to email@example.com . The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.
11. No Assignment.
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of R S Ashraf MD. Any such purported assignment or delegation by you without the appropriate prior written consent of R S Ashraf MD will be null and void and of no force or effect, unless otherwise expressly consented to by R S Ashraf MD at its sole and absolute discretion. R S Ashraf MD may assign this Agreement or any rights hereunder without your consent.
12. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be independent and act independently and not as a contractor, partner, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, R S Ashraf MD, the client or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
14. You consent to the use of electronic means to complete this Agreement, to use the Site and R S Ashraf MD services and to provide you with any notices given pursuant to this Agreement
You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. R S Ashraf MD failure to act with respect to a breach by you or others does not waive R S Ashraf MD right to act with respect to subsequent or similar breaches. The failure of R S Ashraf MD to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Agreement.
You agree that this Agreement and the rules and restrictions and policies contained herein, and R S Ashraf MD enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and R S Ashraf MD. This Agreement together with the rules and policies of R S Ashraf MD constitutes the entire agreement between R S Ashraf MD and you with respect to the subject matter hereof.