TERMS OF USE AGREEMENT
Please read these terms and conditions of use carefully before using this site.

  1. GENERAL TERMS AND CONDITIONS

    By using this website (the “Site”), you are agreeing to comply with and be bound by this Terms of Use Agreement (the “Agreement”).  You acknowledge and agree that your use of the Site has the same effect as manually signing a contract and creates a valid, binding contract between you and Foundation Bariatric Hospital of San Antonio, LLC, doing business as Foundation Surgical Hospital of San Antonio (“Foundation Surgical Hospital”).  If you do not agree to all of the terms of this Agreement, you should proceed no further and request or obtain no services through the Site or submit any information to the Site. 

    Foundation Surgical Hospital may modify this Agreement at any time.  Any modifications to this Agreement will be effective immediately upon posting on this Site.  You agree to review the Agreement posted on the Site each time you use the Site so that you are aware of any modifications made to this Agreement.  Your continued usage of the Site will you mean you accept those changes.  For your convenience and future reference, the date of the version of this Agreement is listed below.  You can print the version of the Agreement that you reviewed and approved, and compare it to the version in effect when you use our Site in the future to determine what, if any, changes have been made.

    Foundation Surgical Hospital reserves the right, in its sole discretion, to terminate your access to the Site at anytime and without notice.

  2. WARRANTIES AND LIMITATIONS OF LIABILITY

    The use of the Site, the Content and User Content is at your own risk.  FOUNDATION SURGICAL HOSPITAL DOES 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 THIS SITE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE.

    FOUNDATION SURGICAL HOSPITAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY.

    FOUNDATION SURGICAL HOSPITAL IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY OR BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE.

    When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Foundation Surgical Hospital.  Accordingly, Foundation Surgical Hospital assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.

    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THIS SITE.  IN NO EVENT SHALL FOUNDATION SURGICAL HOSPITAL BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR OTHERWISE RELATING TO THIS SITE, HOWEVER CAUSED, EVEN IF FOUNDATION SURGICAL HOSPITAL HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.  Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.  In such states and jurisdictions, Foundation Surgical Hospital  liability shall be limited to the greatest extent permitted by law.

  3. USER SUBMISSIONS

    The personal information you submit to this Site is governed by the  Foundation Surgical Hospital Privacy Policy.  To the extent there is an inconsistency between this Agreement and the Foundation Surgical Hospital Privacy Policy, this Agreement shall govern.

    Foundation Surgical Hospital collects personal information that you choose to share with us. The information may include your name, telephone number, address, email address, , and your particular interest with respect to those services provided by Foundation Surgical Hospital, when you choose to provide it on our Site.

  4. PRIVACY POLICY

    The Foundation Surgical Hospital  Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement.

  5. PROPRIETARY RIGHTS

    All Content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are protected under applicable copyrights, trademarks, patent or other proprietary (including but not limited to intellectual property) rights.  Foundation Surgical Hospital authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the following copyright notice: “©Foundation Bariatric Hospital of San Antonio, LLC 2009, All Rights Reserved” and other copyright and proprietary rights notices that are contained in the Content.  The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited without prior written permission from Foundation Surgical Hospital.  You do not acquire ownership rights to any Content or other materials viewed through the Site.  The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

  6. USER CONTENT

    Any user-generated exchanges of information, including any content that you exchange, share, send or otherwise make available through this Site (“User Content”) is your responsibility and Foundation Surgical Hospital assumes no liability or responsibility for such User Content.  As the user of this Site, you acknowledge that this Site is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide. Foundation Surgical Hospital does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of this Site.

    Under no circumstances will Foundation Surgical Hospital be liable in any way for any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content emailed, transmitted or otherwise made available via this Site.

    As the provider of this Site, Foundation Surgical Hospital  reserves the right to monitor, delete, edit, view, store, forward, and use any and all information and content provided.

    You agree not to use this Site to:
    (a)    submit materials that are protected by copyright, patent or any other proprietary rights unless you are the owners of such material or have license or permission from the owner of any such proprietary rights to provide the material;
    (b)    email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defaming, vulgar, obscene, libelous, invasive of another’s privacy or otherwise objectionable;
    (c)    harm minors in any way;
    (d)    impersonate any person or entity;
    (e)    email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    (f)    email, transmit or otherwise make available any material that contains software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    (g)    email, transmit or otherwise make available any material that contains any unsolicited or unauthorized advertising or promotional materials.

    You acknowledge that Foundation Surgical Hospital shall have the right (but not the obligation) in its sole discretion to refuse or remove any User Content that is available via this Site.  Foundation Surgical Hospital shall have the right to remove any User Content that violates the terms of use or is otherwise objectionable.

  7. TRADEMARKS/SERVICE MARKS

    The marks and logos depicting “Foundation” or “F” are trademarks and/or service marks of Foundation HealthCare Affiliates, LLC.  Other product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners.  These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.

  8. NONTRANSFERABLE

    Your right to use the Site is not transferable.  Any right given to you to obtain information or purchase services is not transferable.

  9. LINKS TO OTHER SITES

    Foundation Surgical Hospital  may provide links to third-party websites.   Foundation Surgical Hospital is not responsible for the content of linked third-party sites and does not make any representations regarding their content or accuracy.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

  10. INDEMNITY

    You agree to defend, indemnify, and hold Foundation Surgical Hospital, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your User Content.

  11. JURISDICTION

    You hereby agree that all actions or proceedings arising in connection with the Terms of Use, Privacy Policy or website shall be tried and litigated exclusively in the State and Federal courts located in the County of Bexar, State of Texas. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation with respect to or arising out of the Terms of Use, Privacy Policy or website in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Bexar, State of Texas shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to Terms of Use, Privacy Policy or website. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Terms of Use, Privacy Policy or website. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

  12. MISCELLANEOUS

    If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

  13. CONTACT INFORMATION

    If you have any questions or comments about this Site, please contact us at info@foundationhospitals.com.



    October 2009
© Foundation Surgical Hospital Affiliates Terms of Use Privacy Policy