TERMS OF USE

Please read these terms and conditions of use (these “Terms of Use”) carefully before reading and using this web site.

ACCESS TO AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Intellectual Property Rights

This web site, and the information that it contains, including but not limited to all text, graphics, photographs, logos, trademarks, sounds, artwork and computer codes (collectively, “Content”), is the property of HMS, LLC, a Colorado limited liability company (“The Clinic”) and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States and foreign copyright law, trademark law, international conventions and other intellectual property laws. All of the trademarks, service marks and logos displayed on this web site relating to The Clinic are either registered or unregistered trademarks or tradenames of The Clinic and/or its affiliates.

All company and product names of other entities are the property of their respective owners.

Use of The Clinic Web Site and Its Content

The Content contained throughout this web site is provided by The Clinic for informational purposes only. Although The Clinic will use reasonable efforts to include accurate and up-to-date Content on this web site, it makes no warranties or representations as to the accuracy, completeness or currency of any Content. In addition, The Clinic cannot guarantee that the Content of this web site has not been affected by technical malfunctions or unauthorized tampering. The Content of this web site is subject to change without notice. The Clinic may alter or delete Content from this web site at any time.

The Clinic may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost or obligation to any person. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

You may download, view, replay, copy and print Content, subject to the following:

  1. Content may be used solely for non-commercial, personal informational purposes;
  1. Any and all copyright, trademark and other proprietary rights notices or identifying information must appear on all copies, including but not limited to the copyright notice at the bottom of the page;
  1. The Content may not be modified or altered in any way; and
  1. No graphics may be used separate from accompanying text.

For permission to use Content other than as described above, please Contact Us. Any rights not expressly granted herein are reserved. Please be advised that The Clinic enforces its intellectual property rights to the fullest extent of the law.

Certain product, service, or company designations for companies other than The Clinic may be mentioned in the web site for identification purposes only. You should contact the appropriate companies for more complete information regarding such designations and their registration status.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any Content on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of The Clinic or such third party that may own the trademark or copyright of material displayed on this web site.

Medical Information/Conditions

Any Content posted on this web site related to medical conditions and their treatment is general in nature and is intended only for educational and general information purposes. Should you have a medical condition that may require treatment, or if you have any specific medial questions, promptly see your own doctor or health care provider. Nothing on this web site is a substitute for professional medical consultation advice. The Clinic does not offer medical diagnosis or treatment from this web site, and none of the Content contained on this web site should be construed as providing medical advice or services of any kind. Only your doctor or other health care professional can determine if a particular medical treatment is appropriate for you.

Always seek the advice of your physician or other qualified health care provider before starting any new treatment or with any questions you may have about a medical condition.

About Your Privacy

The Clinic may monitor access to this web site. If monitored, the requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. By using this web site, you consent to such general monitoring.

No Warranties

THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THESE TERMS OF USE. SPECIFICALLY, BUT WITHOUT LIMITATION, THE CLINIC DOES NOT WARRANT THAT: (i) THE CONTENT ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THIS WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT YOUR SOLE RISK.

It is the user’s responsibility to ascertain whether any Content downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

Limitation of Liability; No Duty to Update

UNDER NO CIRCUMSTANCES SHALL THE CLINIC OR ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT RESULT FROM ACCESS TO, THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT CONTAINED ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES, EVEN IF THE CLINIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Although the Content of this web site is updated periodically, The Clinic does not have a duty to update any such Content and The Clinic will not be liable for any failure to update such Content. The Clinic does not assume any responsibility or liability for the accuracy, completeness, reliability or usefulness of the Content disclosed or accessed through this web site. It is your responsibility to verify any Content contained in this web site before relying upon it.

Links to Third-Party Web Sites

These Terms of Use apply only to www.thecliniccolorado.com. This web site may contain links to third-party web sites. These links are provided to you as a convenience, and The Clinic is not responsible for the content of any linked web site. Any outside web site accessed from this web site is independent from The Clinic, and The Clinic has no control over the content of that web site. In addition, a link to any third-party web site does not imply that The Clinic endorses or accepts any responsibility or assumes any liability for the content or use of such a web site. Your linking to any other web sites is at your own risk, and you are responsible for learning about and complying with the terms of usage and other conditions posted on those web sites.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by The Clinic of that third party or of any product or service provided by that third party.

Export of Information

The United States Export Controls laws prohibit the export of certain technical data and software to certain countries, territories and individuals. No Content from this web site may be downloaded or otherwise exported in violation of United States law.

Jurisdictional Issues

The Clinic makes no representation that the Content on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Enforcement of Terms of Use

You agree that all matters relating to your access to or use of this web site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver, Colorado and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The Clinic may, at its sole discretion and without notice, revise these Terms of Use at any time by updating this posting.

Entire Agreement

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by The Clinic, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please Contact Us.

Forward-Looking Statements Disclaimer

This web site and the documents contained in or directly accessible from this web site contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements other than statements of historical fact contained herein, including, without limitation, statements regarding The Clinic’s future financial position, business strategy, budgets, projected revenue and costs, and plans and objectives of management for future operations, are forward-looking statements. Forward-looking statements generally can be identified by the use of forward-looking terminology such as “may,” “will,” “expects,” “intends,” “plans,” “projects,” “estimates,” “anticipates,” or “believes” or the negative thereof or any variation thereon or similar terminology or expressions. Forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from results proposed in such statements. Although The Clinic believes that the expectations reflected in such forward-looking statements are reasonable, it can provide no assurance that such expectations will prove to have been correct. Important factors that could cause actual results to differ materially from The Clinic’s expectations include, but are not limited to, its ability to fund its future growth, its ability to execute upon its business strategy, its ability to obtain and retain licenses, and its ability to protect its intellectual property. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date made. Except as required by law, The Clinic assumes no obligation to update or revise any of the information contained in this web site or the documents contained in or directly accessible from this web site.

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