Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for visitors to this website. This website is owned and operated by Five Points of College Station. Five Points of College Station is the name we use to refer to our whole business, including Five Points of College Station and any of the companies that it controls. When we use the words we or our, we mean Five Points of College Station.
These Terms of Use were last updated on March 1, 2021.
We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the website. By using this website, it means you accept the most recent version of the Terms of Use.
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THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
ABOUT THE INFORMATION ON THIS WEBSITE. Much of the information on this website relates to products and services offered by us. The materials on this website are for your general educational information only. Information you read on this website cannot replace the relationship that you have with your healthcare professional. We do not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment.
Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professional.
This website contains information about products cleared for marketing and use in the United States and the European Union, and is intended for a United States audience. If you live outside the U.S., you may see information on this website about products that are not yet approved or marketed in your country.
OUR COPYRIGHTS AND TRADEMARKS. The materials on this website belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.
We also own the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws. An ® following a name on our website indicates that the trademark has been registered in the United States. A ™ following a name on our website indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.
There may be special rules for the use of materials provided on certain parts of this website. These special rules will be posted near the materials.
If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.
LINKS TO THIS WEBSITE AND USE OF OUR WEBSITE. You are hereby granted a non-exclusive, limited, and revocable license to link to this website. We reserve the right to revoke this license generally, or your right to use specific links, at any time. If we, you agree to remove and disable any and all of your links to this website immediately.
You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you “frame” this website or any of its content or copy portions of this website to a server. You agree not to display or use our logo or trademark in any manner without our prior written permission.
LINKS TO OTHER WEBSITES. This website may contain links to websites not operated by us. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of our products that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.
YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this website, we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are free to use them for any purpose.
NO WARRANTIES. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER WE NOR ANY PERSON OR COMPANY ASSOCIATED WITH US SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS US, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF US, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OTHER RULES ABOUT THIS WEBSITE. In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website, such as when you purchase enhanced services, or by following a link from this website. Please read our Privacy Statement to learn how we protect and use information that we gather through this website.
Your obligations under this section and the sections called “Your Feedback”, “No Warranties” and “Limitation of Liability” will survive termination of these Terms of Use.
If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold us harmless against any liability for that harm.
By using this website, you agree that the only proper jurisdiction and venue for any dispute with us, or in any way relating to your use of this website, is in the state and federal courts in the State of California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving us or its affiliates, employees, officers, directors, agents, or suppliers.
These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles, and the federal laws of the United States.
QUESTIONS, COMMENTS, AND NOTICES. We may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address if on record with us. You may deliver notice to us by using the Contact Us feature.
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