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Privacy notice


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Website Disclaimer

BY USING THIS WEBSITE, YOU AGREE TO
THE FOLLOWING:

1. TexasMD.com is a website, not a doctor. It is for information purposes only
and should not be used as a substitute for a consultation or visit with your physician
or other health care provider.
2. TexasMD.com is for casual use only.  If you are having an emergency you should
activate your nearest emergency medical system immediately.
3. Neither TexasMD.com nor its associated physician(s) will diagnose,
treat, or prescribe medication for you online. Use of TexasMD.com does
not imply or create a doctor-patient relationship. No part of TexasMD.com constitutes medical records.
4. Due to the nature of the Internet, questions may be answered late, or not at all. 
5. TexasMD.com contains external links that are not associated with TexasMD.com.
6. Submissions to TexasMD.com become the property
of TexasMD.com and may be reproduced in our public website and
in other media.  Names may be removed for privacy reasons.
7. The information presented in this site is AS IS, and has not been
reviewed for accuracy.
8. TexasMD.com is a website, not a doctor, and you are not a patient of TexasMD.com.
We strongly encourage you to see your physician for regular physical examinations and
check-ups. TexasMD.com is not associated with, nor does it reflect the views of,
any healthcare entity.
9. By emailing questions or soliciting information by email or other electronic media,
you understand and agree that such information is not private. You understand and agree
that there are other methods of communication which may be more secure, but by using email
you have waived your right to privacy when sending or receiving related communication.
 
The use of TexasMD.com does not imply or create a doctor-
patient relationship with any physician or corporation whatsoever.

FULL DISCLAIMER
A. TexasMD.com is an Internet-based online information and communication
service (the "Agreement"). BY ACCESSING OR USING TexasMD.com,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS
AGREEMENT, YOU MAY NOT ACCESS OR USE TexasMD.com.
TexasMD.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON
EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU.
YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE
THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED
ACCESS OR USE OF TexasMD.com SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
B. GENERAL
Neither the associated doctors nor TexasMD.com directly or indirectly
practice medicine or dispense medical services as part of the TexasMD.com
website, although they may do so in their capacity as an individual.
The information contained in TexasMD.com is presented for the purpose of
educating consumers on wellness and disease management topics. Nothing
contained in TexasMD.com is intended to be instructional for medical
diagnosis or treatment. The information should not be considered complete,
nor should it be relied on to suggest a course of treatment for a particular
individual. It should not be used in place of a visit, call, consultation or the
advice of your physician or other qualified health care provider. Information
obtained in TexasMD.com is not exhaustive and does not cover all diseases,
ailments, physical conditions or their treatment. Should you have any health
care related questions, please call or see your physician or other qualified
health care provider promptly. Always consult with your physician or other
qualified health care provider before embarking on a new treatment, diet or
fitness program. You should never disregard medical advice or delay in
seeking it because of something you have read in TexasMD.com.
The information contained in TexasMD.com is compiled from a variety of
sources.  Neither TexasMD.com nor associated physicians directly or
indirectly practice medicine or dispense medical services as part of TexasMD.com.
TexasMD.com SERVICES AND TexasMD.com SOFTWARE AND
INFORMATION ACCESSED Through TexasMD.com (the "SERVICES")
ARE provided "AS IS" without warranty, express or implied.
TexasMD.com hereby excludes all implied warranties of merchantability
and fitness for a particular use or purpose with respect to the
SERVICES. There are no warranties which extend beyond the
description on the face OF THIS AGREEMENT. TexasMD.com and
associated physicians make no warranty as to the reliability, accuracy,
timeliness, usefulness, adequacy, completeness or suitability of the Services.
TexasMD.com and associated physicians cannot and do not warrant against
human and machine errors, omissions, delays, interruptions or losses,
including loss of data. TexasMD.com and associated physicians cannot and do
not guarantee or warrant that files available for downloading from this online
site will be free of infection by viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. TexasMD.com and
associated physicians do not warrant or guarantee that the functions or
Services performed in TexasMD.com will be uninterrupted or error-free or that
defects in TexasMD.com will be corrected. Users of TexasMD.com are
responsible for (1) implementing and maintaining adequate procedures and
checkpoints to satisfy their particular requirements for accuracy of data input
and output and (2) maintaining a means external to TexasMD.com for the
reconstruction of any lost data.
TexasMD.com may revoke your right to use this website for any reason, at
any time, without notice.
C. OTHER SITES
TexasMD.com contains links to other web sites, resources and advertisers.
TexasMD.com is not responsible for the availability of these external sites nor
does it endorse or is it responsible for the contents, advertising, products or other
materials made available on or through such external sites. Under no
circumstances shall TexasMD.com be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused to a user
in connection with the use of or reliance on any content, goods or services
available on such external site. You should direct any concerns to such
external site's administrator or webmaster.
D. LIMITED LICENSE
By this Agreement, TexasMD.com grants, subject to the terms of this
Agreement, only a limited, non-transferable and non-exclusive license to use
the software and documentation necessary to access, explore and otherwise
use TexasMD.com in real time and to use the materials in TexasMD.com in
a manner consistent with section L (Copyright) below.
E. REVIEW OF POSTINGS & UPLOADS
TexasMD.com does not and cannot review all communications and materials
posted or uploaded to TexasMD.com and is not responsible for the content of
these communications and materials. However, TexasMD.com reserves the
right to block or remove communications or materials that it determines, in its
sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright or
trademark, other intellectual property right of another or (d) offensive or
otherwise unacceptable to TexasMD.com. ANY MESSAGES, ADVICE,
OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION
AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR
INSTRUCTION.
F. USER’S AGREEMENT
You agree to: (a) maintain all equipment required for your access to and use
of TexasMD.com ; (b) maintain the security of your user identification,
password and other confidential information relating to your TexasMD.com
account; and (c) be responsible for all charges resulting from use of your
TexasMD.com account, including unauthorized use prior to your notifying
TexasMD.com of such use and taking steps to prevent its further occurrence by
changing your password.
G. ON-LINE COMMUNICATIONS
Your participation in on-line communications occurs in real
time and is not edited, censored, or otherwise controlled by
TexasMD.com. TexasMD.com cannot and does not screen
content provided by you to TexasMD.com . Notwithstanding the
foregoing, TexasMD.com reserves the right to monitor content on
TexasMD.com and to remove content, which TexasMD.com, in its
sole discretion, determines to be harmful, offensive, or otherwise
in violation of this Agreement or TexasMD.com’s operating policies
for users of TexasMD.com ("Users"). You may send and receive electronic mail ("email"),
engage in conferences and chats, download and upload files
and otherwise use TexasMD.com as permitted by this
Agreement, TexasMD.com’s operating policies and applicable law.
Files that you upload, public messages that you send and your
activity in conferences and chats are subject to review,
modification and deletion without notice by the forum manager
responsible for the TexasMD.com area where your uploading or
other activity takes place (or by an individual designated by
such forum manager for such purpose). TexasMD.com’s operating
policies relating to online conduct, storage and deletion of email
and uploaded files, conferences, bulletin boards ("BBSs") and
other matters are available and/or will be made available online.
TexasMD.com reserves the right in its sole discretion to change
such policies at any time. Files uploaded to a BBS may be
subject to posted limitations on usage, reproduction and/or
dissemination, and you are responsible for adhering to such
limitations if you download them. You are responsible for your communications and your use
of TexasMD.com. You may not, under any circumstances, do
any of the following: (1) use simultaneous, unattended or
continuous connections to TexasMD.com with one account;
(2) post or transmit any message which is libelous or
defamatory; (3) post or transmit any message, data, image or
program which is indecent, obscene or pornographic; (4) post or
transmit any message, data, image or program that would
violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other
confidential proprietary information, and trademarks or service
marks used in an infringing fashion; (5) use TexasMD.com to
threaten, harass, stalk, abuse, or otherwise violate the legal
rights (including rights of privacy and publicity) of others; (6)
intercept or attempt to intercept email or other private
communications not intended for you; (7) send email to Users
or other Internet users for any purpose other than personal
communication, including to advertise or offer to unsolicited sell
goods or services to other Users, use as a mass unsolicited
distribution medium to communicate a generally unsolicited
message, or use your email account as an address to which
Users or other Internet users need to respond (except as
otherwise expressly permitted by TexasMD.com); (8) send
unsolicited email messages through third-party mail servers in
order to relay your email or hide the origination of your email to
others; (9) upload or download files that contain software or other
material protected by intellectual property laws, rights of privacy
or publicity, or any other applicable law unless you own or
control the rights to such files or have received all necessary
consents; (10) upload files that contain a virus or corrupted data;
(11) delete any author attributions, legal notices or proprietary
designations or labels in a file that you upload to a BBS or
TexasMD.com; (12) falsify the source or origin of software or
other material contained in a file that you upload to a BBS or
TexasMD.com; (13) use TexasMD.com in a manner that
adversely affects the availability of its resources to other Users;
(14) use, download or otherwise copy, or provide (whether or not
for a fee) to a person or entity that is not a subscriber to
TexasMD.com the User directory or any portion thereof other
than for personal, noncommercial purposes (except as
otherwise expressly permitted by  TexasMD.com);
(15) falsely purport to be an employee or agent of TexasMD.com
(16) cause repeated disruptive incidents; or (17) act, or fail to act,
in your use of TexasMD.com, in a manner that is contrary to
applicable law or regulation. In addition, you may not post or
transmit any message which is harmful, threatening, abusive or
hateful. It is not the intent of TexasMD.com to discourage Users
from taking controversial positions or expressing vigorously what
may be unpopular views in TexasMD.com, nonetheless,
TexasMD.com reserves the right to take such action as it deems
appropriate in cases where TexasMD.com is used to
disseminate statements which are deeply and widely offensive
and/or harmful. Each time you upload a file on TexasMD.com,
you represent and warrant that you own or otherwise control the
rights or have the necessary consents to do so, and you grant
every other User the right to download and use such file. Your
failure to observe any of the foregoing limitations or obligations
may result in civil or criminal liability.
H. USE OF USER INFORMATION
You agree that TexasMD.com may share with other parties
both Aggregate Information and limited Individual Information
gathered during your use of TexasMD.com and/or the Internet.
"Aggregate Information" is information that describes the habits,
usage patterns and/or demographics of Users as a group but
does not necessarily indicate the identity of particular Users. "Individual
Information" is information about a User presented in a form
distinguishable from information relating to other Users but not
in a form that enables the recipient to personally identify any
User. You also agree that Locator Information about you may be
gathered. "Locator Information" consists of a User's name, email address, physical
address, and/or other data that enables the recipient to
personally identify the User. You agree that Locator Information for you may be
gathered, processed or used in the following instances: (1) if
you use TexasMD.com to purchase or otherwise obtain
physical goods or services not delivered by means of electronic
transmission during a TexasMD.com session, the company
that sells or provides such physical goods or services (the
"Merchant") will obtain Locator Information; (2) if you use
TexasMD.com to purchase or otherwise obtain digital delivery of
or access to specific content, goods or services specifically
delivered or made accessible to you by means of electronic
transmission during a TexasMD.com session, the company
providing such content, goods or services (the "Content
Provider," or "CP") may obtain Locator Information; (3) if you
obtain dial-up access to TexasMD.com from a third party
independent internet access providers (an "IAP"), Locator
Information relating to you may be obtained by the IAP; and
(4) TexasMD.com and your IAP may use Locator Information as is
necessary for enforcement of any of the terms of this
Agreement. TexasMD.com may use Locator Information to forward special
offers or communications from selected companies to
TexasMD.com Users via TexasMD.com. TexasMD.com may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats
and authorize restrictions on access thereto.
An individual site may place a text file called a "cookie" in
the browser files of your computer. Cookies are pieces of
information that a website transfers to an individual's hard disk.
The use of TexasMD.com is for adults 18 years of age or older only.
TexasMD.com does not make online requests for your password, or unsolicited
requests for your credit card or debit card numbers or other
Locator Information. TexasMD.com encourages you to use caution
when giving out any personally identifiable information about
yourself. Such Locator Information sent over the Internet cannot
be tracked or retrieved by TexasMD.com.
If at any time you believe that TexasMD.com has not adhered
to these policies concerning privacy and use of User information
or if you have questions about these policies, please notify
TexasMD.com as provided in the Notice provision below and
TexasMD.com will use all commercially reasonable efforts to
promptly determine and correct the problem.
It is TexasMD.com’s policy to comply with all applicable laws
and regulations, as they may be modified from time to time. In
the event any provision of any of this Agreement may be in
conflict with any applicable law or regulation, the applicable law
or regulation will supersede the conflicting provision.
I. USER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that you
are a legal resident of the State of Texas, USA and that you possess the legal right
and ability to enter into this Agreement and to use
TexasMD.com in accordance with this Agreement. You agree to be
financially responsible for your use of TexasMD.com (as well as for use of
your account by others, including minors living with you) and to comply with
your responsibilities and obligations as stated in this Agreement.
J. OPERATION
TexasMD.com reserves complete and sole discretion with respect to the
operation of TexasMD.com. TexasMD.com may, among other
things:  (a) subject to Section G, make available
to third parties information relating to TexasMD.com and Users; and
(b) withdraw, suspend or discontinue any functionality or feature of
TexasMD.com.
K. CONTENT
Statements made in websites, newsgroups, message boards, email, forums,
conferences and chats reflect only the views of their authors. Forum
managers, forum hosts, CPs, or Merchants appearing on TexasMD.com are
not authorized TexasMD.com spokespersons, and their views do not necessarily
reflect those of TexasMD.com.
L. COPYRIGHT
TexasMD.com contains copyrighted material, trademarks and other proprietary
information including text, software, photos, video, graphics, music and sound,
and the entire contents of TexasMD.com are copyrighted as a collective work
under the United States copyright laws. TexasMD.com is the owner of the copyright in the
entire TexasMD.com. TexasMD.com owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original
to it. Each third party content provider owns the copyright in content original to
it. You may not modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit the content of TexasMD.com or
any portion of it. Except as otherwise expressly permitted under copyright law,
you may not copy, redistribute, publish, display or commercially exploit any
material from the TexasMD.com Sites without the express permission of TexasMD.com
and the copyright owner. In the event of any permitted copying, redistribution or
publication of material from the TexasMD.com no changes in or deletion of author
attribution, trademark, legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading
copyrighted material. Without limiting the generality of the foregoing, you agree that
any text, photo, graphic, audio, and/or video on the TexasMD.com.
You shall not upload, post or otherwise make available on the Community Areas
any material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark or
other proprietary right. You are responsible for determining that such
material is not protected by copyright, trademark or other proprietary right. You
shall be solely liable for any damages resulting from any infringement of
copyright, trademark or other proprietary right, or any other harm resulting from any
uploading, posting or submission.
You hereby grant to TexasMD.com the worldwide,
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display any message posted in the Community Areas
and/or any e-mail sent by you to TexasMD.com (in whole or in part) and/or to
incorporate it in other works in any form, media or technology now known or later
developed.
M. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
TexasMD.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
ASSOCIATED PHYSICIANS AND SUPPLIERS FROM AND AGAINST ALL
LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING
REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION
OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT
(INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE
INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL
CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING
TexasMD.com USING YOUR SERVICE ACCOUNT.
N. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER TexasMD.com, NOR ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, ASSOCIATED PHYSICIANS OR
SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY
OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF
TexasMD.com. YOU HEREBY RELEASE AND FOREVER WAIVE ANY
AND ALL CLAIMS YOU MAY HAVE AGAINST TexasMD.com, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS
BASED UPON THE NEGLIGENCE OF TexasMD.com,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
ASSOCIATED PHYSICIANS OR SUPPLIERS) FOR LOSSES OR
DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF
TexasMD.com.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL
LIABILITY OF TexasMD.com, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, ASSOCIATED PHYSICIANS AND SUPPLIERS, IF ANY, FOR
LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE
USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.
IN NO EVENT SHALL TexasMD.com, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR
DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL
OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE
INFORMATION OR OTHER PARTS OF TexasMD.com ARE
HEREBY EXCLUDED EVEN IF TexasMD.com ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, ASSOCIATED PHYSICIANS OR SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
O. THIRD PARTY RIGHTS
The provisions of paragraphs M (Indemnification) and N (Waiver,
Release and Limitation of Liability) are for the benefit TexasMD.com and
its officers, directors, employees, agents, licensors, suppliers, and
associated physicians. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly against you on
its own behalf.
P. TERM; TERMINATION
Either you or TexasMD.com may terminate your right to use
TexasMD.com at any time, with or without cause, upon notice.
TexasMD.com also reserves the right to terminate or suspend your
TexasMD.com membership without prior notice. The
provisions of paragraphs L (Copyright) M (Indemnification),
N (Waiver, Release and Limitation
of Liability), O (Third Party Rights), and Q (Miscellaneous) shall
survive any termination of this Agreement.
Q. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas. You agree that any legal action or
proceeding between TexasMD.com and you for any purpose concerning
this Agreement or the parties’ obligations hereunder shall be brought
exclusively in a court of competent jurisdiction sitting in the city of
Dallas, Dallas County, Texas, United States. Any cause of action or
claim you may have with respect to TexasMD.com must be commenced
within one (1) year after the claim or cause of action arises.
TexasMD.com’s failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of this Agreement.
TexasMD.com may assign its rights and duties under this Agreement to
any party at any time without notice to you.
R. MISC: Dr. Peikari is an active diplomate of the NBPAS.
He is not board certified by the ABIM, by choice.
S. NOTICE
TexasMD.com may deliver notice to you under this Agreement by means
of electronic mail, a general notice on TexasMD.com , or by written
communication delivered by first class U. S. mail to your address on
record in TexasMD.com’s account information. You may give notice to
TexasMD.com at any time by email via this website or by
letter delivered by first class postage prepaid U. S. mail or overnight
courier to the following address:

Cyrus Peikari
3241 Purdue  Ave.
Dallas, TX 75225.

T. COMPLAINTS
AVISO SOBRE LAS QUEJAS, Las quejas sobre médicos, así como
sobre otros profesionales acreditados e inscritos en la Junta de Examinadores
Médicos del Estado de Texas, incluyendo asistentes de médicos, practicantes
de acupuntura y asistentes de cirugía, se pueden presentar en la siguiente
dirección para ser investigadas: Texas Medical Board, Attention: Investigations,
333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin,
Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al:
1-800-201-9353, Para obtener más información, visite nuestro sitio
web en www.tmb.state.tx.us. NOTICE CONCERNING
COMPLAINTS, Complaints about physicians, as well as other licensees
and registrants of the Texas Medical Board, including physician assistants,
acupuncturists, and surgical assistants may be reported for investigation at
the following address: Texas Medical Board, Attention: Investigations,
333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin,
Texas 78768-2018, Assistance in filing a complaint is available by calling
the following telephone number: 1-800-201-9353, For more information,
please visit our website at www.tmb.state.tx.us.
U. SEVERABILITY
The provisions of this Agreement are severable, and in the event any
provision hereof is determined to be invalid or unenforceable, such
invalidity or unenforceability shall not in any way affect the validity or
enforceability of the remaining provisions hereof.

Please feel free to contact us any time at www.texasmd.com
 
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