Southgate Surgery Center

Terms of UseBy using the pages of Southgate Surgery Center World Wide Web site (this "Site"), you agree to be bound to these terms of use and conditions of the privacy policy herein. If you do not agree to be so bound, you should not use this Site. These terms and conditions may be changed or updated from time to time without notice.

Copyright and Limitations on Use
All information contained on this Site is the property of Southgate Surgery Center (the "Company") and is protected by the copyright and other intellectual property laws of the United States and other countries. No portion of such information may be reproduced in any form, or by any means, without the prior written consent of the Company. To obtain reproduction consent, e-mail us at info@cscmi.net.

Restrictions and Limitations of Liability
The Company will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. The Company will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on the part of the Company.

Privacy Policy PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

1. AGREEMENT TO BE BOUND.
By accessing this site, continuing to access this site, or downloading materials from this site, you agree to abide by the terms of use described in this notice. If you do not agree to abide by these terms of use, do not use this site or download materials from this site.

2. GENERAL INFORMATION.
When we refer to “we,” “us,” or “our,” we mean Southgate Surgery Centers, P.C., a Michigan professional service corporation, or the specific division, subsidiary, or affiliate that operates this site, provides its content, or processes information received through it, each as appropriate and applicable.

When we refer to “you” or “your,” we mean the person accessing this site. If the person accessing this site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

3. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY.
This site is © Southgate Surgery Centers, P.C. – 2010 by us and we reserve all rights. You may inquire about rights to reproduce content from this site by e-mailing us using the technical support e-mail address below.

ALL RIGHTS IN ALL MATERIALS POSTED ON THIS SITE EITHER BELONG TO US OR ARE LICENSED BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM THIS SITE WITHOUT OUR EXPRESS PERMISSION IN FOR FORM OF A RECORD SIGNED BY US.

4. LICENSE GRANT AND LIMITATIONS.
(a) License Grant. Subject to all of these Terms of Use, we hereby grant to you, and you hereby accept, a nonexclusive, nontransferable, nonsublicensable license during the Term under our intellectual property rights in the use of this site to use this site solely for your own personal purposes and in accordance with the other restrictions set forth in these Terms of Use or posted on this site.
(b) Proprietary Rights. All patents, copyrights, trade secrets, and other proprietary rights in or related to this site and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to this site are and will remain the exclusive property of us or our suppliers, whether or not specifically recognized or perfected under the laws of the United States or a foreign jurisdiction. You will not acquire any right in or to this site except the limited rights specified in these Terms of Use, or take any action that jeopardizes our proprietary rights. Unless otherwise agreed, we will own all rights in any copy, translation, modification, adaptation, or derivation of this site or other items of proprietary information, including any improvement or development thereof. At our request, you will execute and deliver to us any instrument that may be appropriate to assign these rights to us or our supplier or perfect these rights in our or our supplier’s names.
(c) Limitations. You hereby acknowledge that this site contains valuable trade secret and confidential information owned by us. You will not, and will not knowingly permit others to,
(i) use, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party this site or its content in any way;
(ii) modify or make derivative works based upon this site or the content on this site;; or
(iii) reverse engineer or access this site in order to
(A) build a competitive product or service,
(B) build a product using similar ideas, features, functions or graphics of this site, or
(C) copy any ideas, features, functions or graphics from this site. Any breach of the foregoing will be considered a material breach of these Terms of Use that is incapable of cure.
(d) Required Proprietary Notices. You will ensure that all copies you make of the content contained on this site contain the same proprietary notices that appear on or in the same as provided by us to you and as otherwise reasonably required by us.

5. CUSTOMER OBLIGATIONS.
(a) Compliance with Laws. You are responsible for all activity occurring under your user account (including the activities of your agents) and will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the use of this site, including those related to data privacy, international communications and the transmission of technical or personal data. You will: (i) notify us immediately of any known or suspected breach of security; (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of Content that you or your agents know or suspect; and (iii) not impersonate another user of this site or provide false identity information to gain access to or use this site.
(b) No Interruption. You agree not to interrupt or attempt to interrupt the operation of this site in any way.
(c) Misuse of this site. You may not make any statements on, or provide or post any information to, this site that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that, without due authorization, incorporates the proprietary material of another.

6. CAN-SPAM, TELEPHONE CONSUMER PROTECTION ACT AND SIMILAR LAW.
Your use of this site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable laws that address unsolicited commercial communications. By accessing or continuing to access this site, you agree that we or our agents may call, e-mail, or otherwise communicate with you regarding promotion of the sale, lease, or exchange of goods, services, real property, or any other thing of value.

7. DISCLAIMER OF WARRANTIES.
ANY SERVICE PROVIDED THROUGH THIS WEBSITE IS PROVIDED STRICTLY “AS IS,” AND NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR STATUTORY, AS TO THIS SITE, TECHNICAL SUPPORT, OR ANY MATTER WHATSOEVER. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL OPERATE IN THE COMBINATIONS THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

8. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, SAVINGS, REVENUE, USE, OR GOODWILL, OR DAMAGED FILES OR DATA, OR BUSINESS INTERRUPTION, WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THIS SITE OR SUPPORT OF THIS SITE, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED OR REMEDIES ARE SOUGHT IN CONTRACT OR TORT (INCLUDING NEGLIGENCE OR STRICT PRODUCTS LIABILITY) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES WHATSOEVER OR FOR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE EXCEEDING THE AMOUNT OF FEES PAID BY YOU UNDER THESE TERMS OF USE THE THREE (3) MONTHS PRECEDING THE FIRST INCIDENT GIVING RISE TO LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT NO LIABILITY WILL EXTEND TO ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO OUR VENDORS) INVOLVED IN THE DEVELOPMENT, PREPARATION, OR DELIVERY OF THIS SITE OR SUPPORT SERVICES. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY SET FORTH IN THIS AGREEMENT, AND WILL SURVIVE AND APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES SPECIFIED IN THESE TERMS OF USE.

9. REVISIONS TO TERMS OF USE.
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these Terms of Use will be effective when the revised terms and conditions are posted. Your use or continued use of this site after any changes to these Terms of Use are posted will be considered acceptance of those changes. READ THESE TERMS OF USE AND THE RELATED PRIVACY INFORMATION EVERY TIME YOU ACCESS THIS SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THEIR TERMS.

10. CHANGES TO THIS SITE.
We may terminate, change, suspend, or discontinue any aspect of this site, including the availability of any features of this site, at any time. We may also impose limits on certain features and services or restrict your access to parts or this site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through this site that are in your possession or control.

11. INTERNATIONAL USERS.
This site is controlled, operated and administered by us or our agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials on this site are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing this site from any jurisdiction where this site’s contents are illegal is prohibited. You may not use this site or export the materials in violation of import or export laws and regulations. If you access this site from a location outside of the United States of America, you are responsible for compliance with all local laws.

12. MISCELLANEOUS.
(a) Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government, the validity of the remaining portions or provisions will remain in full force and effect.
(b) Dispute Resolution. In the event of any controversy or claim arising from or related to your use of this site, you and us will in good faith attempt to resolve the dispute within a reasonable period among ourselves. Failing such attempt, any controversy or claim arising out of or relating to your use of this site, or any breach of these Terms of Use, will be settled by arbitration in Wayne County, Michigan administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Neither Party shall be obligated under this Section for any breach as to which injunctive relief is sought.
(c) Governing Law. This Agreement, and all matters arising under or related hereto, will be governed according to the laws of the State of Michigan, without respect to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Any litigation arising under or related to this Agreement will be brought in a state or federal court located in metropolitan Detroit, Michigan, as permitted by law. Customer hereby consents to the personal jurisdiction of the above-referenced courts.
(d) No Waiver. No failure on our part to exercise, and no delay in exercising, any right, power, or privilege will operate as a waiver thereof; nor will any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right.
(e) Force Majeure. We will not be held responsible for any delay or failure in performance hereunder caused in whole or in part by fire, strike, flood, embargo, labor dispute, delay or failure of any subcontract, act of sabotage, riot, accident, delay of carrier or supplier, limitations or delays inherent in the use of the internet, voluntary or mandatory compliance with any governmental act, regulation or request, act of God or by public enemy, or any act or omission or other cause beyond our control.
(f) Other Provisions. Certain areas and features of sites contain terms and conditions specific to those areas and features. Such terms and conditions are in addition to these terms and conditions and prevail over these terms and conditions and the privacy policy only to the extent it is not possible to construe these terms or the privacy policy consistently with such other terms and conditions.