Terms of Use

The Stoutdigestivecenter.com website (this “Site”) is provided by Gastroenterology of Indianapolis, P.C. d/b/a Digestive Health Center. By utilizing this site, you agree to these Terms of Use. These provisions may be changed from time to time and without notice at our sole discretion and as provided by applicable law. You should check these Terms of Use frequently for any such changes, but in any case, your continued access or use of the Site shall constitute acceptance of any modification of the Terms of Use.

1. Information Disclaimer and Access

The information on this Site is provided by Gastroenterology of Indianapolis, P.C. While we attempt to keep the information as accurate as possible, we disclaim any implied warranty or representation about its accuracy or completeness, or appropriateness for a particular purpose. You assume full responsibility for using the information at this Site, and you understand and agree that Gastroenterology of Indianapolis, P.C. is neither responsible nor liable for any claim, loss or damage resulting from its use. The mention of specific products or services at this Site does not constitute or imply a recommendation or endorsement by us, unless it is explicitly stated. Information on the Site may be changed or updated without notice.

The views and opinions expressed in the media, articles or comments on this Site by users and/or our staff are those of the speakers or authors and do not necessarily reflect Gastroenterology of Indianapolis, P.C.’s views and opinions.

We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

2. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPERLINKED WEBSITES. BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR CONTINUOUSLY AVAILABLE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR OUR AFFILIATES WILL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

3. Links to Third Party Sites

Some hyperlinks in the Site may take you outside of the Site or link to articles and videos (“Linked Sites”). The Linked Sites are not under Gastroenterology of Indianapolis, P.C.’scontrol and we are not responsible for the content of any such Linked Sites, any hyperlinks contained in a Linked Site, or any changes or updates to such Linked Sites. We provide these hyperlinks to Linked Sites to you only as a convenience and the inclusion of any hyperlink or content in that Linked Site does not imply endorsement by us of the Linked Site or the contents contained therein. The Site may contain advertisements by third parties (“Advertisements”). Unless otherwise specifically stated on the Site, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any Advertisement that appears on the Site.

 4. Content

You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content (“Content”) contained on the Site is owned by Gastroenterology of Indianapolis, P.C. or third parties, and is protected by United States and international trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Site, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, Site or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Gastroenterology of Indianapolis, P.C.

5. Intellectual Property Rights     

All right, title, and interest in and to the intellectual property rights embodied in the Site and any documentation downloaded or printed from the Site is owned or licensed by Gastroenterology of Indianapolis, P.C. Any and all third party technology provided, made available, linked to, or otherwise accessible through the Site (“Third Party Technology”) is provided solely as a convenience to you and not under the control of Gastroenterology of Indianapolis, P.C. We do not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. We do not have any responsibility or liability to you for any Third Party Technology which you access and you agree to use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology.

6. Liability for the Actions of Users of the Site

You must not use our Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. We accept no responsibility for any loss or harm incurred. Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

7. Limiting Liability for Viruses, Damage, and Availability

We do not warrant that functions available on this Site will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

 8. Indemnification

You agree to defend, indemnify and hold harmless Gastroenterology of Indianapolis, P.C., our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any submission of information or material to us, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

9. Legal Jurisdiction

The laws of the State of Indiana shall govern your use of the Site and you hereby agree to submit to the personal jurisdiction of the state and federal courts for or located in Indianapolis, Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR CONTRIBUTORS TO THE SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, AND DIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE ARISING AS A RESULT OF OUR PROVISION OR FAILURE TO PROVIDE INFORMATION VIA THE SITE EVEN IN THE EVENT THAT WE HAVE BEEN ADVISED OF SUCH DAMAGES.

11. Notice

Notices to us should be sent to:

Gastroenterology of Indianapolis, P.C.
1120 AAA Way
Carmel, Indiana, 46032

11. Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on this Site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:

Gastroenterology of Indianapolis, P.C.
1120 AAA Way
Carmel, Indiana, 46032

To be effective, the Notice must include the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
  • Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
  • Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit us to locate such material on the Site;
  • Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
  • A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13. Entire Agreement.

These Terms of Use constitute the entire agreement between you and Gastroenterology of Indianapolis, P.C. with respect to the use of the Site. We reserve the right to change, add or remove portions of these Terms of Use at any time and at our sole discretion. Your continued use of the Site following the posting or delivery to you of any changes means that you accept and agree to such changes.

 

You understand and acknowledge that your use of the Patient Portal made available through the Site is subject to additional terms and conditions and your use of the Patient Portal will require your agreement to such terms and conditions. The terms and conditions applicable to the Patient Portal will be presented to you during your registration for the Patient Portal.

14. No Waiver.

The failure of Gastroenterology of Indianapolis, P.C. to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Us of any provision or any right we have to enforce these Terms of Use, nor will any course of conduct between Gastroenterology of Indianapolis, P.C. and you or any other party be deemed to modify any provision of these Terms of Use.

15. Severability.

The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

16. Privacy Notice

We respect your privacy and are committed to protecting it through our compliance with this Privacy Notice.

This Privacy Notice describes the types of information we may collect from you or that you may provide when you visit the Site and our practices for collecting, using, maintaining, protecting and disclosing that information. Our use of information gathered or obtained is subject to the Privacy Notice in effect at the time such information is gathered or obtained.

Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Site. By accessing or using this Site, you agree to this Privacy Notice. This Privacy Notice may change from time to time.

What We Collect

We receive and store any information you enter on the Site or provide to us in any other manner. This may include, but is not limited to, your personally identifiable information, such as your name, address, phone number, and e-mail address and information about the entity that you are employed with or otherwise affiliated with, including the entity’s name, corporate structure, number of employees and financial information. You can choose not to provide information, but then certain features of the Site may not be available to you. We use the information that you provide to respond to your requests for information, improving the products and services we offer, and communicating with you.

We receive and store certain types of information whenever you visit the Site. In addition to information you provide, we may collect the name of the domain and host from which you access the Internet; the IP address of the computer you are using; and the browser and operating system you are using; the date and time you access the Site; and the Internet address of the website from which you linked to the Site.

We use “cookies” to automatically gather some of this information. A cookie is a small text file that our system sends to your computer to collect information about your activities on the Site. The cookie transmits this information back to the Site each time your browser requests a page from the Site, and the information is stored to help facilitate your use of the Site the next time you visit. If you do not want to receive cookies from the Site, you can set your browser to not accept cookies.

How We Use Information

We use the information you provide and we collect to:

  • Administer the Site and diagnose problems with our server;
  • Verify your identity;
  • Provide you with information about the Site;
  • Measure the number of visitors to the Site and how the Site is used, in order to make the Site as useful as possible to our visitors; and
  • Provide authorities or relevant individuals with information related to the Site as required by law.

Sharing Information

We will not provide your personally identifiable information to anyone except as required to directly provide information you request through the Site. We may aggregate data about visitors to our Site in a non-identifiable manner and use it for our business purposes unrelated to your use of the Site. For example, we may aggregate data for product development and improvement activities and disclose such aggregated data to third parties. However, it is important to note that no personally identifiable information is available or used in this process. We may utilize information you provide to promote the products or services of strategic partners, but will not directly provide your personally identifiable information to these strategic partners for promotional purposes.

Third Party Use of Cookies

Some content or applications, including advertisements, on the Site are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Compliance with COPPA

The Site is not directed at children under the age of 13. We comply with the Children’s Online Privacy Protection Act (COPPA) and do not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.

Subpoenas

We do not disclose the identities of visitors or users of the Site unless legally required to do so. We will respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) without prior notice to you. Unless prohibited by law or by a valid court order, we will notify you of any subpoena received from any other party (i.e., for civil litigation) which requires us to disclose your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.

 

Patient Testimonials

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