General Terms and Conditions
Your access and use of this site and its services bind you to this Agreement. If you do not agree to the Terms and Conditions of Use for this site, you may not use the site or its services.
We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the site. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement.
You agree that this Agreement is entered into between you and us in the State of Texas, United States of America, and is performed within the State of Texas and governed by and shall be construed in all respects under the laws of the State of Texas, exclusive of its choice of law or conflict of laws provisions.
This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
- The service and any information contained on or provided through this website is provided on an "as is" basis. That means that the information contained on or provided through this website is intended for general consumer understanding and education. Any access to this site is voluntary. We will regard all access as voluntary and at the sole risk of the user.
- This website is designed for general patient educational and information purposes only and does not render medical advice or professional services. This website and the contact and e-mail links on the website should not be used in emergency or urgent situations. The information provided through this website should not be used for diagnosing or treating a health problem or disease. The information is not intended to be a substitute for consultation with a competent medical professional. The information on this website is not intended to suggest a diagnosis or course of treatment for any individual. It is important to consult with your doctor about your specific condition.
- If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone. If you are seeking a referral or consultation with Dr. Bavishi, please contact us at 713.541.0000 during normal business hours.
- We disclaim any liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of the website. UPMC does not warrant or guarantee that the information will not be offensive to any user and/or may not meet your needs and requirements.
- Our website may include links to third party Web service providers. These links are provided solely as a convenience to you and not as an endorsement of the content on such sites. We are not responsible for the content of linked third-party sites.
- We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Service will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
- We, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Users of this site are responsible for maintaining a means external to this website for the reconstruction of any lost data.
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this site, or any part thereof, with or without notice.
- We do not guarantee continuous, uninterrupted or secure access to our services, and operation of this site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
- Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the site, its uses and services.
Warranties and Limitation of Liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE WEBSITE, THE SERVICE, OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.
- Users will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
- Users will not use this site for any purpose in violation of local, state, national or international laws.
- Users will not use this site as a means to distribute advertising or other unsolicited material to any third party.
- Users will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
- Users will not impersonate another person.
- Users will not hold us or any of our affiliates, subsidiaries or parent company liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by this site. The sole and exclusive remedy for dissatisfaction with the services of this site will be to stop using the Service.
- Users will indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.
Termination of Services
If you violate these Terms and Conditions of Use, your use of this site will terminate. We may notify you that you have breached the Agreement. We may, in our sole discretion, terminate your access to this site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
Copyright and Trademarks
We own the information on this website. The entire contents and design of this site are protected under U.S. and international copyright laws. . You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. You must not remove any copyright notices from our materials. We reserve all other rights, which means that you must not sell our information, rewrite or modify it, redistribute it, use it on your own website, or use it for any other commercial purpose without our prior written permission. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Your privacy is very important to us and we are committed to protecting it. You are welcome to explore our web site without providing any information about yourself. When you visit and navigate our Web site, we will not collect personal information about you unless you provide us that information voluntarily. By "personal information" we mean data that is unique to an individual, such as a name, address, e-mail address, or telephone number.
What information does this website collect from me?
Our web server automatically recognizes your domain name. Our web server does not recognize your e-mail address. Most of Dr. Bavishi's web site has been designed to not require the use of any personal identifiers (such as name, address, telephone number, or e-mail address). IF YOU SEND US AN E-MAIL OR REQUEST AN APPOINTMENT VIA THE WEBSITE OR VIA E-MAIL, WE WILL HAVE YOUR E-MAIL ADDRESS AND WHATEVER INFORMATION PROVIDE US WITH ON FILE. WE DO NOT INTEND TO COLLECT PROTECTED HEATLH INFORMATION ON THIS WEBSITE OR ONLINE. THEREFORE PLEASE DO NOT PROVIDE SUCH HEALTH INFORMATION TO US ON THIS WEBSITE OR ONLINE. PLEASE ALERT US IF SUCH INFORMATION IS MISTAKENLY PROVIDED TO US ONLINE SO THAT IT CAN BE DELETED.
This site collects and uses certain information. This information includes your IP (Internet Protocol Address), information about your browser (i.e., whether you are using Netscape, Internet Explorer, Firefox, Safari, etc.), and information about your Internet Service Provider (i.e., AOL, Verizon). An IP address (Internet Protocol Address) is a unique number that is used to represent every single computer in a network. All computers on the Internet have a unique IP address. None of the foregoing information will be used by us in any way, or in connection with any other information, to identify you personally.
We use the statistical information gathered about you and all of its users for internal statistical purposes only, e.g., to track where users go on the web site. This information is not linked to specifically identifiable individuals. This type of information will be used to aid us in adding information to its web site that will be useful for site users and that will improve the performance of our web site.
We do not intend to collect information from children. If we learn that we inadvertently have collected personal identifying information from a child under the age of 13, we will promptly disregard or delete that data from our systems.
When you request an appointment, we maintain the information you provide for the purpose of helping you schedule an appointment with Dr. Bavishi. We do not use identifying personal information for any other purpose although it may be included in anonymous, aggregated, statistical information. If you communicate with us by email you should understand that email is not secure against interception. If your communication includes sensitive or confidential information, please contact us by phone or mail.
A cookie is a piece of information that is stored on your computer's hard drive, not on our site.
Disclosure of Your Information
All of the information you choose to provide us is absolutely confidential and voluntary. We will never give, sell, rent, or reveal your name or address (including e-mail) to any outside party without your express consent. We will not disclose your personally identifiable information to independent third parties other than those who help us operate our site.
We take reasonable precautions to protect your personally identifiable information. When users submit personally identifiable information, it is protected both on-line and off-line.
Links to Other Web Sites
This site contains links to other sites. We not responsible for the privacy practices or the content of such web sites.