TERMS AND CONDITIONS OF USE

Welcome to The Buncke Clinic's Web Site (the "Site"). Please read the following Terms and Conditions of Use ("Terms") carefully before using the Site. It governs your relationship with The Buncke Clinic regarding your use of the Site.

You should not substitute information on the The Buncke Clinic Web site for professional advice.

This Web site provides general educational information. This information is not provided in the course of a professional relationship between a health care provider and a patient. It is not intended to be, and should not be used as, a substitute for medical treatment by a health care professional.

The Buncke Clinic is not making a diagnosis of your condition or a recommendation about the course of treatment for your particular circumstances through the use of this Web site. You should not assume that information on a particular topic on the site is complete or up-to-date. You should never disregard or delay seeking medical advice because of what you have read on this Web site.

Your Permission to use the The Buncke Clinic Web site.

The Buncke Clinic gives you limited personal permission to use the Web site. Your permission to use the Web site is limited in a number of ways. For example, the only use for which you may use, download, or print material contained on this Site is for internal non-profit research purposes. Any commercial use, such as selling content, creating course packs, or posting information on another Web site, is prohibited. You also may not:

• frame all or part of the Web site.

• change or delete any proprietary notices from materials downloaded or printed out from the Web site.

• systemically download or print materials from the Web site.

• transmit or provide any data from the Web site to a third party.

• use the Web site in a manner contrary to any applicable law.

Your permission terminates immediately, without any further action by The Buncke Clinic, if you breach these Terms. You may not transfer or assign your permission to any other party.

The Buncke Clinic is the owner or licensee of all rights in the Web site, its content, software, and services. You have no right to such content, software or services if not expressly granted in this Agreement. "The Buncke Clinic" and the logos or other proprietary marks of The Buncke Clinic's licensors and partners are trademarks of The Buncke Clinic or its licensors and partners. No right, title or interest in those trademarks is granted you in this Agreement.

The Site is Provided "As Is."

Services provided through and information contained on the site are provided as is and as available. The Buncke Clinic makes no, and hereby disclaims any, warranty of any kind, express or implied, including but not limited to the implied warranties of title, noninfringement, merchantability and fitness for a particular use or purpose. Further, the Buncke Clinic disclaims any warranty that the site will be available at all times or will operate without interruption or error. The Buncke Clinic makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the services or information provided through the site.

You Alone are Responsible for Your Use of the Site.

You agree to be solely responsible for your use of this Web site.

The Buncke Clinic, its officers, directors, employees, agents, and information providers shall not be liable for any damages you may suffer or cause through your use of the site even if advised of the possibility of such damages.

The Buncke Clinic, its officers, directors, employees, agents, and information providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the site.

These limitations shall apply whether the asserted liability or damages are based in contract (including, but not limited to, breach of warranty), tort (including, but not limited to, negligence) or any other legal or equitable grounds.

You agree to indemnify and hold The Buncke Clinic harmless for any claims, losses or damages, including attorneys fees, resulting from your breach of these terms or use of this Web site.

The Buncke Clinic is Not Responsible for Any Links To or From Other Sites.

This Web site may contain links to other Web sites, and other Web sites may provide links to this Site. These links are provided for your convenience only. The Buncke Clinic does not control these other sites and assumes no liability or responsibility for them, including any content or services provided to you by such sites. You should not consider any link to or from another site as an endorsement of that site by The Buncke Clinic unless The Buncke Clinic expressly states so.

You Agree that The Buncke Clinic May Share Certain Information About You.

You agree that, should you elect to supply it, The Buncke Clinic may use your name, e-mail address, physical address, or other data to communicate with you. You may request to have this information modified or deleted from our records. The Buncke Clinic Site may use this information as necessary to enforce these Terms. The Buncke Clinic will not sell this information to any other party.

This Agreement is Governed by California Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as such laws would apply to a contract fully negotiated, entered into, and performed in that state.

You Agree to Arbitrate Any Dispute Between Us.

You agree that any dispute, controversy or claim arising out of or related to these Terms or your use of the Site will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Santa Clara, California, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any Action Against The Buncke Clinic Must be Brought in California.

You agree that the state or federal courts located in or serving San Mateo County, California, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to these Terms or your use of the Site. You waive any claim that a court located in or serving San Mateo County, California, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.

Other Miscellaneous Provisions.

These Terms constitute the entire and only understanding between you and The Buncke Clinic regarding your use of this Web site. No modification or attempted modification of these Terms by you shall be binding on The Buncke Clinic unless made in writing and physically signed by an authorized representative of The Buncke Clinic. The Buncke Clinic may modify these Terms at any time.

Notices sent to you by The Buncke Clinic in connection with these Terms or your use of the Site may be delivered to you by electronic mail, a general notice on the Site, or by written communication delivered by first class U. S. mail. You may give notice to The Buncke Clinic at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

The Buncke Clinic
Attention: Web Center
45 Castro Street, Suite 121
San Francisco, CA 94114

These Terms are severable to the extent any term is deemed invalid, illegal or unenforceable.

The Buncke Clinic's failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision of these Terms.

Your use and continued use of the The Buncke Clinic's Site reflects your agreement to these Terms and any modifications of these Terms made by the The Buncke Clinic.