Terms & Conditions

AGREEMENT TO TERMS
These Terms of Use establish a legally binding agreement between you, personally or on behalf of an entity (“you”), and Clendenin MD (“Clendenin MD,” “we,” “us,” or “our”) concerning your access and use of the website https://www.clendeninmd.com and any other associated media, mobile sites, or applications (collectively, the “Site”). We are registered in Texas, United States, with our office at 2028 E. Ben White Blvd Ste 240-7980. By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE IMMEDIATELY.

Additional terms or policies posted on the Site from time to time are incorporated herein by reference. We reserve the right, at our sole discretion, to modify these Terms of Use at any time and for any reason. We will notify you of changes by updating the “Last updated” date of these Terms. You waive any right to receive specific notice of each change, and it is your responsibility to review the Terms regularly to understand which Terms apply. Continued use of the Site following the posting of revised Terms will signify your acceptance of the changes.

The content on this Site may not be suitable for distribution or use in certain jurisdictions where such actions are contrary to local laws or require registration. Those who access the Site from other locations do so at their own discretion and are responsible for ensuring compliance with applicable local laws.

This Site is not designed to comply with industry-specific regulations such as HIPAA, FISMA, or other similar laws. If your use of the Site falls under such regulations, you are prohibited from using the Site. Furthermore, the Site may not be used in violation of the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years of age. Individuals under 18 are not permitted to register for or use the Site.

INTELLECTUAL PROPERTY OWNERSHIP

Unless otherwise stated, the Site and all its content—including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”)—as well as any trademarks, service marks, or logos displayed on the Site (the “Marks”), are the exclusive property of Clendenin MD or are licensed to us. These materials are protected by copyright and trademark laws, as well as various other intellectual property and unfair competition laws of the United States and international conventions. The Content and Marks are provided “AS IS” for your personal, informational use only. Except as explicitly permitted under these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or used for any commercial purposes without our prior written consent.

As long as you are eligible to use the Site, you are granted a limited license to access and use it. You may download or print a copy of any portion of the Content you have lawful access to, but only for your personal, non-commercial use. All rights not expressly granted to you in relation to the Site, Content, and Marks are reserved by Clendenin MD.

USER RESPONSIBILITIES

By using the Site, you affirm and guarantee that: (1) all registration details you provide will be truthful, accurate, current, and complete; (2) you will keep this information up to date and promptly correct it when necessary; (3) you have the legal authority to enter into these Terms of Use and agree to follow them; (4) you are not a minor in your place of residence; (5) you will not access the Site using automated or non-human means, such as bots, scripts, or similar tools; (6) you will not use the Site for any unlawful or unauthorized purposes; and (7) your use of the Site will comply with all applicable laws and regulations.

If any information you provide is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny current or future access to the Site (or any part of it).

RESTRICTED ACTIVITIES

You may only access and use the Site for the purposes for which it has been made available by Clendenin MD. The Site is not to be used for any commercial ventures unless specifically endorsed or authorized by us.

As a user of the Site, you agree to the following:

• Do not systematically extract data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

• Do not attempt to deceive, defraud, or mislead us or other users, especially to obtain sensitive account information like passwords.

• Do not attempt to bypass, disable, or interfere with any security features on the Site, including those that prevent the unauthorized use or copying of Content or that enforce limitations on the Site’s use.

• Do not engage in activities that, in our opinion, could harm or tarnish Clendenin MD or the Site.

• Do not use information from the Site to harass, abuse, or harm another individual.

• Do not misuse our support services or submit false reports of misconduct or abuse.

• Do not use the Site in violation of any applicable laws or regulations.

• Do not engage in unauthorized framing of or linking to the Site.

• Do not upload or transmit any viruses, Trojan horses, or harmful materials, or engage in spamming or excessive use of capital letters that would disrupt others’ use of the Site.

• Do not use automated systems (e.g., scripts, bots) to interact with the Site, such as sending comments or messages or utilizing data-mining tools.

• Do not remove any copyright or proprietary rights notices from the Content.

• Do not attempt to impersonate another person or use another user’s login credentials.

• Do not upload or transmit materials that collect or transmit information passively, such as spyware, cookies, or web bugs.

• Do not interfere with or disrupt the Site’s operation or impose an undue burden on its systems or networks.

• Do not harass or threaten our employees or agents who are providing services on the Site.

• Do not attempt to bypass any access restrictions placed on the Site or any part of it.

• Do not copy or modify the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Do not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software that makes up part of the Site, except as allowed by law.

• Do not use or distribute automated systems like spiders, robots, or scrapers that access the Site, except as a result of standard search engine or browser use.

• Do not use a buying or purchasing agent to make transactions on the Site.

• Do not collect usernames or email addresses from the Site for the purpose of sending unsolicited messages, nor create user accounts by automated means or under false pretenses.

• Do not use the Site as part of any attempt to compete with us or for any unauthorized revenue-generating activities or commercial purposes.

USER-GENERATED CONTENT

The Site may allow you to engage in chats, post on blogs, message boards, forums, and other interactive features. You may have the opportunity to create, submit, or share various types of content and materials with us or on the Site, such as text, images, videos, audio, comments, suggestions, or personal information (collectively referred to as "Contributions"). These Contributions may be visible to other users of the Site and on third-party websites, meaning that any Contributions you submit could be treated as non-confidential and non-proprietary. When you submit any Contributions, you represent and warrant that:

• The creation, sharing, public display, or performance of your Contributions does not infringe any intellectual property rights, including copyrights, patents, trademarks, trade secrets, or moral rights of any third party.

• You are the owner or have the necessary rights, licenses, consents, and permissions to use and authorize Clendenin MD, the Site, and other users of the Site to use your Contributions as outlined in these Terms of Use.

• You have obtained written consent or permission from every identifiable person featured in your Contributions to use their name or likeness, allowing their inclusion and use as intended by the Site and these Terms of Use.

• Your Contributions are accurate, truthful, and not misleading.

• Your Contributions do not contain unauthorized advertising, promotional content, pyramid schemes, chain letters, spam, or other solicitations.

• Your Contributions are not obscene, offensive, lewd, violent, harassing, defamatory, or otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, intimidate, or harass any individual or group.

• Your Contributions do not promote violence or incite threats towards any person or group.

• Your Contributions do not violate any applicable law, regulation, or legal rule.

• Your Contributions do not infringe upon the privacy or publicity rights of any third party.

• Your Contributions do not involve child pornography or violate any laws aimed at protecting minors' health and well-being.

• Your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or physical disabilities.

• Your Contributions comply with these Terms of Use and do not link to material that violates any law or regulation.

Using the Site in any manner that violates the above conditions may result in termination or suspension of your access to the Site.

CONTENT CONTRIBUTION PERMISSIONS

By posting your Contributions on any part of the Site, you automatically grant, and represent and warrant that you have the authority to grant, us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license to:

• Use, copy, reproduce, distribute, sell, resell, publish, broadcast, reformat, archive, store, publicly perform, publicly display, transmit, excerpt (in whole or in part), and distribute your Contributions (including your image and voice) for any purpose, whether commercial or otherwise.

• Prepare derivative works from your Contributions or incorporate them into other works.

• Grant and authorize sublicenses for the above rights.

This license covers all media formats and channels, whether existing now or developed in the future, and includes the use of your name, company name, franchise name (if applicable), trademarks, service marks, trade names, logos, and any personal or commercial images you provide. You waive all moral rights in your Contributions and affirm that no such rights have been asserted by anyone.

Although you retain ownership of your Contributions and any associated intellectual or proprietary rights, this license allows us to use your Contributions in accordance with these Terms of Use. We disclaim any ownership of your Contributions and are not responsible for any content or representations made within your Contributions.

You bear sole responsibility for your Contributions, and by posting them, you agree to indemnify us and refrain from any legal action regarding the use of your Contributions.

We reserve the right, at our sole discretion, to:

1. Edit, redact, or otherwise modify any Contributions.

2. Re-categorize Contributions to place them in more appropriate sections of the Site.

3. Pre-screen or delete any Contributions at any time, for any reason, and without notice.

We are under no obligation to monitor user Contributions.

REVIEW GUIDELINES

We may provide areas on the Site for users to leave reviews or ratings. When posting a review, you agree to adhere to the following criteria:

1. You must have firsthand experience with the person or entity being reviewed.

2. Your reviews must not contain offensive, profane, abusive, racist, hateful, or otherwise inappropriate language.

3. Your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

4. Your reviews must not reference illegal activities.

5. You must not be affiliated with competitors if you are posting negative reviews.

6. You must not make conclusions about the legality of any conduct.

7. You must not post false or misleading statements.

8. You must not organize a campaign encouraging others to post reviews, whether positive or negative.

We reserve the right, at our sole discretion, to accept, reject, or remove reviews. We are under no obligation to screen or delete reviews, even if someone finds them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or the views of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses arising from any review.

By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review.

SUBMISSIONS POLICY

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, to these Submissions, and we will be entitled to use and disseminate them for any lawful purpose, whether commercial or otherwise, without the need to acknowledge or compensate you. You hereby waive all moral rights to these Submissions and warrant that they are original to you, or that you have the necessary rights to submit them. You agree that there will be no legal recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

THIRD-PARTY WEBSITES and CONTENT

The Site may contain, or you may be sent via the Site, links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content originating from third parties ("Third-Party Content"). These Third-Party Websites and Third-Party Content are not monitored, investigated, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted, available through, or installed from the Site. This includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of any Third-Party Websites or Third-Party Content.

The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site to access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and these Terms of Use will no longer apply. You should review the relevant terms and policies, including privacy practices, of any website or application you access or install. Any purchases made through Third-Party Websites are strictly between you and the third party, and we take no responsibility for such transactions.

You acknowledge and agree that we do not endorse any products or services offered on Third-Party Websites, and you agree to hold us harmless from any harm caused by your purchase or use of such products or services. Additionally, you agree to hold us harmless from any losses or harm resulting from your interactions with Third-Party Websites or Third-Party Content.

SITE MANAGEMENT

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use. We may take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including reporting such user to law enforcement authorities. We may refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof at our sole discretion and without limitation. Additionally, we may remove from the Site or otherwise disable all files and content that are excessive in size or burdensome to our systems, at our sole discretion and without limitation, notice, or liability. Lastly, we may manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We value your data privacy and security. Please review our Privacy Policy at https://www.clendeninmd.com/privacy-policy By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Please note that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or requirements governing personal data collection, use, or disclosure that differ from those applicable in the United States, you acknowledge that by continuing to use the Site, you are transferring your data to the United States. You also agree to have your data transferred to and processed in the United States.

PATIENT CONDUCT GUIDELINES

Respectful Behavior

We expect all patients to treat our staff with respect, courtesy, and professionalism at all times. This expectation applies to all personnel, including physicians, nurses, administrative staff, and any other team members providing care or support.

Zero Tolerance

We maintain a zero-tolerance policy for any disrespectful, abusive, threatening, or violent behavior directed towards our staff. This includes, but is not limited to, verbal abuse, harassment, discrimination, and any conduct that disrupts the workplace.

Consequences

Patients who engage in disrespectful behavior may face consequences, which can include warnings, removal from the facility, cancellation of appointments, or other appropriate actions as deemed necessary by the facility’s management. In certain situations, legal authorities may also be involved if warranted.

TERM AND TERMINATION

These Terms of Use shall remain effective as long as you utilize the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SITE AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY. This includes the ability to block specific IP addresses for any reason, or for no reason at all, particularly in cases of violation of any representation, warranty, or covenant outlined in these Terms of Use or any applicable laws or regulations. We may terminate your access or participation in the Site or delete your account, along with any content or information you have posted, at any time without prior warning and at our sole discretion.

If we suspend or terminate your account for any reason, you are prohibited from registering and creating a new account under your own name, a fictitious or borrowed name, or the name of any third party, even if acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, which may include civil, criminal, and injunctive measures.

CHANGES AND SERVICE INTERRUPTIONS

We retain the right to alter, modify, or remove any content on the Site at any time or for any reason, at our sole discretion and without prior notice. However, we are not obligated to update any information on our Site. We also reserve the right to change or discontinue any part of the Site without notice whenever we see fit. We shall not be held liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Site.

We cannot ensure that the Site will always be accessible. There may be instances of hardware or software issues, or the need for maintenance, which could lead to interruptions, delays, or errors. We reserve the right to alter, revise, update, suspend, or otherwise change the Site at any time and for any reason without notice. You agree that we bear no responsibility for any loss, damage, or inconvenience arising from your inability to access or use the Site during any downtime or discontinuation. Nothing in these Terms of Use shall be interpreted as imposing an obligation on us to maintain or support the Site or to provide any corrections, updates, or releases related to it.

GOVERNING LAW

These Terms of Use and your interaction with the Site are governed by and interpreted in accordance with the laws of the State of Texas, applicable to agreements made and fully executed within the State of Texas, without consideration of its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except for those specifically excluded below) will be conclusively resolved by binding arbitration. YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO LITIGATE IN COURT AND HAVE A JURY TRIAL. The arbitration will be initiated and conducted according to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, if applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which can be found on the AAA website: www.adr.org. Your arbitration costs and your share of the arbitrator's fees will be governed by the AAA Consumer Rules and, where appropriate, limited by those rules. If the arbitrator finds these costs to be excessive, we will cover all arbitration fees and expenses. The arbitration may occur in person, via document submissions, by phone, or online. The arbitrator will provide a written decision but is not required to include a statement of reasons unless requested by either Party. The arbitrator is obligated to adhere to applicable law, and any award can be contested if the arbitrator fails to comply. Unless otherwise required by the applicable AAA rules or law, the arbitration will take place in Wayne, Michigan. Apart from what is specified herein, the Parties may pursue litigation in court to compel arbitration, pause proceedings pending arbitration, or to confirm, modify, vacate, or enforce a judgment based on the arbitrator's award.

If, for any reason, a Dispute proceeds to court instead of arbitration, the Dispute shall be initiated or pursued in the state and federal courts located in Wayne, Michigan. The Parties hereby consent to and waive any defenses of lack of personal jurisdiction and forum non conveniens regarding venue and jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Terms of Use.

No Dispute initiated by either Party related to the Site shall be filed more than one (1) year after the cause of action arose. If this provision is deemed illegal or unenforceable, then neither Party will choose to arbitrate any Dispute that is affected by that illegal or unenforceable portion, and such Dispute shall be resolved by a court of competent jurisdiction as specified above, with the Parties agreeing to submit to that court’s personal jurisdiction.

Restrictions

The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration will be combined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other individuals.

Exceptions to Arbitration

The Parties agree that the following Disputes are excluded from the binding arbitration provisions outlined above: (a) any Disputes aimed at enforcing or safeguarding, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute connected to, or stemming from, claims of theft, piracy, invasion of privacy, or unauthorized use; and (c) any request for injunctive relief. If any part of this provision is found to be illegal or unenforceable, then neither Party will choose to arbitrate any Dispute that falls within that illegal or unenforceable section. Such Disputes will instead be resolved by a court of competent jurisdiction in the courts specified for jurisdiction above, and the Parties consent to submit to the personal jurisdiction of that court.

CORRECTION AND UPDATES

The Site may contain information that includes typographical errors, inaccuracies, or omissions related to descriptions, pricing, availability, and other details. We reserve the right to rectify any such errors, inaccuracies, or omissions and to modify or update the information on the Site at any time, without prior notice.

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USAGE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO IT AND ASSUME NO LIABILITY FOR ANY OF THE FOLLOWING: (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THERE; (4) INTERRUPTIONS OR DISCONTINUATIONS OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISING. WE WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE IN ANY SETTING, YOU SHOULD EXERCISE YOUR BEST JUDGMENT AND CAUTION AS NEEDED.

LIABILITY LIMITATIONS

UNDER NO CIRCUMSTANCES SHALL WE, OR OUR DIRECTORS, EMPLOYEES, OR AGENTS, BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO US, IF ANY, DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE CAUSE OF ACTION. CERTAIN STATE LAWS IN THE U.S. AND INTERNATIONAL LAWS MAY NOT ALLOW FOR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS OUTLINED HEREIN MAY NOT BE ENFORCEABLE, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY CLAUSE

You agree to defend, indemnify, and hold harmless Clendenin MD, including its subsidiaries, affiliates, and all of its officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising from: (1) your submissions or contributions; (2) your use of the Site; (3) your violation of these Terms of Use; (4) any breach of the representations and warranties you have made in these Terms of Use; (5) your infringement on the rights of a third party, including intellectual property rights; or (6) any harmful or intentional actions taken against another user of the Site with whom you’ve connected via the Site. Even with this indemnification, Clendenin MD reserves the right, at your cost, to take on the exclusive defense and control of any matter that you are obligated to indemnify, and you agree to cooperate fully, at your expense, in our defense of such claims. We will make reasonable efforts to inform you of any claims, actions, or legal proceedings requiring indemnification as soon as we become aware of them.

USER DATA MANAGEMENT

We will retain certain data that you send to the Site to manage its performance, as well as information related to your usage of the Site. While we conduct regular routine backups, you are entirely responsible for any data you transmit and for any activities you engage in while using the Site. You agree that Clendenin MD will not be liable for any loss or corruption of such data, and you hereby waive any right to take legal action against us for any loss or corruption of data that may occur.

ELECTRONIC TRANSACTIONS AND SIGNATURES

By visiting the Site, sending us emails, and filling out online forms, you engage in electronic communications. You agree to receive electronic communications and acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically—via email and on the Site—meet any legal requirement for such communications to be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You waive any rights or requirements under any laws or regulations in any jurisdiction that mandate original signatures or the delivery or retention of non-electronic records, as well as any requirements for payments or credits that are not conducted electronically.

CALIFORNIA USERS’ RIGHTS

If you feel that any complaint with us has not been satisfactorily addressed, you may reach out to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs. You can contact them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

GENERAL PROVISIONS

These Terms of Use, along with any policies or operating rules we post on the Site, represent the complete agreement and understanding between you and Clendenin MD. Our failure to exercise or enforce any right or provision within these Terms does not constitute a waiver of such rights or provisions. These Terms of Use are intended to be enforced to the fullest extent permitted by law. We reserve the right to assign any or all of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control. If any provision, or part of a provision, of these Terms is found to be unlawful, void, or unenforceable, that provision will be severed from the Terms without affecting the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is established between you and Clendenin MD as a result of these Terms or your use of the Site. You agree that these Terms will not be interpreted against us simply because we drafted them. You waive any defenses you may have based on the electronic nature of these Terms and the absence of signatures by either party to execute them.

CONTACT INFORMATION

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Clendenin MD LLC

2028 E. Ben White Blvd

Ste 240-7980 Austin7

AUSTIN, TX 78741

staff@clendeninmd.com