Dr. C. Thomas Haytmanek operates this website, (sportsfootankle.com), to allow our patients and users to view health-related information, communicate with our physicians, set up appointments and access additional services. By entering and using the Website, you agree to be bound by these terms and conditions of use. If you cannot or will not agree to these terms and conditions, please refrain from using the Website.
Disclaimer; Limitation of Liability; Choice of Law
The content available on this Website is for informational purposes only and is not intended in any way to be used as medical advice or to replace medical advice, diagnosis or treatment offered by orthopedic surgeons, physicians or other health care professionals familiar with a user’s condition. By using this Website, you understand and acknowledge that the Company makes no warranties or guarantees that the information contained herein is accurate or complete, and is not responsible for any errors or omissions therein, or for the results obtained by the use of such information. Each user of this Website has unique circumstances and certain health variables that cannot necessarily be applied to others, so always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
The Company makes no representations or warranties with respect to any treatment, action, or application of medication or preparation by any person utilizing the information offered or provided on this web site. This Website and its content and all site-related services are provided “as is,” with all faults, with no representations as to accuracy or warranties of any kind, express of implied. No oral or written information provided by the Company, its authorized representatives, agents, designees, attorneys or web developers shall create a warranty of any kind and neither the Company nor any of its representative, agents, designees, attorneys or developers shall be liable for any damages (including, without limitation, incidental and consequential damages), arising from your use of this Website. As a user of this site you understand, accept and assume total responsibility and risk for your use of this Website, all site-related services, and third party web sites.
IF YOU HAVE SUSTAINED AN INJURY OR HAVE A MEDICAL CONDITION OR OTHERWISE HAVE MEDICAL NEEDS, YOU SHOULD PROMPTLY SEEK APPROPRIATE MEDICAL CARE FROM YOUR PHYSICIAN.
Updates to Terms and Conditions
Note that we may revise the information on this Website or otherwise change or update the Website, including these Terms and Conditions, without notice to you. Dr. C. Thomas Haytmanek may also make improvements and/or changes in products and/or services described on this Website or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Website will signify your continued agreement to these Terms and Conditions as may be revised.
Trademarks; Service Marks
The Company is a registered service mark of the Company. Other proprietary marks of the Company or third parties may be designated as such from time to time on this Website through use of the TM, SM, or ® symbols. Users of this Web site are not authorized to make any use of the Company’s marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by the Company or the applicable third party.
Except as otherwise indicated, all content on this Website, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of the Company or its licensors and is protected by United States and international copyright laws. The compilation of all content on this Website is also the exclusive property of the Company and is protected by United States and international copyright laws. Unless specifically authorized in writing by the Company, any use of these materials, or of any materials contributed to this Website by entities other than the Company, for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by the Company.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that materials appearing on this Website infringe your copyright, you may send us a notice requesting that the material be removed. In addition, if you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. In accordance with the DMCA, the Company has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A), so we recommend you consult your legal advisor before filing a notice. All notices should be provided in writing to the following:
Dr. C. Thomas Haytmanek
181 West Meadow Drive
Vail, CO 81657
The Company’s Website may allow you to record and store information with the Website. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your online account information. It is your sole responsibility to: (i) control the disclosure and use of your activation codes and password; (ii) authorize, monitor, and control access to and use of your account and password; and (iii) promptly inform the Company of any need to deactivate a password or remove information.
You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate, or violate any rights of any party. If you believe that information found on the Website is infringing, inaccurate or unauthorized, please inform us immediately.
Any references to specific products or services on this Website do not constitute or imply a recommendation or endorsement by the Company or its affiliates unless specifically stated otherwise.
Breach of Terms and Conditions
In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach of these Terms and Conditions: (i) signing on as or pretending to be another person; (ii) using secure messaging for any purpose in violation of local, state, national, international laws or policies of the Company; (iii) transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others; (iv) transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person or entity; (v) using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; (vi) collecting information about others, including e-mail addresses; and (vii) intentionally distributing viruses or other harmful computer code. The Company expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms and Conditions.