PLEASE CAREFULLY READ THIS TERMS OF USE. BY ACCESSING OR USING THE TRANING VIDEOS OR ANY CONTENT OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THIS TERMS OF USE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS TERMS OF USE. 

IF YOU DO NOT AGREE TO THIS TERMS OF USE, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS TERMS OF USE, SHINO BAY AGUILERA DO, P.A., IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE TRAINING VIDEOS OR ANY CONTENT OR SERVICES ACCESSIBLE THROUGH THE TRAINING VIDEOS AND YOU MUST NOT ACCESS OR USE THE TRAINNIG VIDEOS. IF YOU ACCESS OR USE THE TRAINING VIDEOS OR ANY CONTENT OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS TERMS OF USE AND AGREE TO BE BOUND BY THIS TERMS OF USE. 

1.         Term.This Terms of Use is entered into as of the earlier of the date you first access or use the training videos and will continue until terminated as set forth herein.

2.         Modifications to Terms of Use.  Shino Bay Aguilera DO, P.A.,reserves the right, at any time, to modify the training videos, with or without notice to you, by making those modifications available on the website. Shino Bay Aguilera DO, P.A., also reserves the right, at any time, to modify this Terms of Use. You may terminate this Terms of Use as set forth below if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the training videos. 

3.         Access.  Subject to your compliance with this Terms of Use, Shino Bay Aguilera DO, P.A., will permit you to access and use the training videos solely for your own lawful purposes and only in accordance with this Terms of Use.  

4.  Access to Content.  Unless otherwise noted on the website, all content available through the training videos, including all text, audio, video, photographs, illustrations, graphics, testimonials, and other media, is owned by Shino Bay Aguilera DO, P.A. All content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all content and for your use of any content. Subject to your compliance with this Terms of Use, you may access the content solely for your own personal and noncommercial purposes in connection with your own use of the training videos.  You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any content; or (c) alter, obscure or remove any copyright, trademark, or any other notices that are provided on or in connection with any content. Shino Bay Aguilera DO, P.A., makes no guarantees regarding the accuracy, currency, suitability, or quality of any content. Without limiting the foregoing, Shino Bay Aguilera DO, P.A., will not be held liable to you or any other third party for any content, including under the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Terms of Use, you are granted no licenses or other rights in or to any content, or any intellectual property therein or related thereto. If you would like to use any content in a manner not permitted by this Terms of Use, please contact Shino Bay Aguilera DO, P.A.

5.         Termination.  Shino Bay Aguilera DO, P.A., may terminate this Terms of Use at any time in its sole discretion by disabling access to your account or by providing notice to you. Upon any termination of this Terms of Use: (1) all rights granted to you under this Terms of Use will terminate; (2) you will immediately cease all use of and access to the training videos,; (3) you will cease use of and delete all content you obtained prior to termination; and (4) Shino Bay Aguilera DO, P.A. may, in its sole discretion, disable your account and delete any of your content. 

6.         Website technology. The training videos and the databases, software, hardware and other technology used by or on behalf of Shino Bay Aguilera DO, P.A., to operate the training videos and the structure, organization, and underlying data, information, and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of Shino Bay Aguilera DO, P.A. You will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Terms and Service; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; (9) interfere with the operation or hosting of the Technology; or (10) introduce any viruses, Trojan horses, worms, logic bombs or other material into the Technology or that is harmful to the Technology. The Technology, all additions, improvements, updates, and modifications thereto, and all intellectual and proprietary property rights, including all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, and rights in data and databases (“IPR”), in and to the Technology are and will remain the sole and exclusive property of Shino Bay Aguilera DO, P.A. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the training videos under this Terms of Use. 

7.         No physician-patient relationship.  The user of these training videos expressly agrees that there is no physician-patient relationship between the viewer of the training video and the patient receiving the medical treatment set forth in the video utilized by the user and Shino Bay Aguilera DO, P.A., its principals, shareholders, officers, directors, employees and/or agents.  The user hereby warrants that any physician-patient relationship shall be between the user of the video and the patient only. 

8.         Videos for informational purposes only.  The videos provided herein are for informational purposes only and do not guarantee results for the patient as the provision of medical services is operator dependent and as each patient is different from the particular patient identified in the training video.  This provision shall survive indefinitely.

 

9.         Hold Harmless and Indemnity.  The user of the training video agrees to hold harmless and indemnify Shino Bay Aguilera DO, P.A., its principals, shareholders, officers, directors, employees and/or agents from all claims, including claims for attorney’s fees and costs, made against Shino Bay Aguilera DO, P.A., its principals, shareholders, officers, directors, employees and/or agents arising out of and/or related to the provision of medical services that form the subject matter of the training video(s) utilized by the user.  This provision shall survive indefinitely.

 

10.       Disclaimer of Warranties.  SHINO BAY AGUILERA DO, P.A., its principals, shareholders, officers, directors, employees and/or agents state that the contents of the videos used herein are “As is” and “As Available,” and hereby disclaim any and all warranties, express or implied, relating to the user’s provision of medical services on patients derived from the videos viewed by the user.  SHINO BAY AGUILERA DO, P.A., MAKES NO WARRANTY THAT (a) THE TRAINING VIDEOS WILL MEET YOUR REQUIREMENTS; (b) THE TRAINING VIDEOS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRAINING VIDEOS WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED THROUGH THE TRAINING VIDEOS WILL MEET YOUR EXPECTATIONS; (e) THE TRAINING VIDEOS WILL NOT INCLUDE ANY TYPOGRAPHICAL OR OTHER ERRORS; OR (f) ANY ERRORS IN THE TRAINING VIDEOS WILL BE CORRECTED. ANY CONTENT OR SERVICES OBTAINED THROUGH THE USE OF THE TRAINING VIDEOS IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

11.       Jurisdiction and venue.  Any and all disputes arising out of or related to the user’s use of the videos and/or these Terms of Use and/or the provision of medical services arising out of thereof, shall be subject to and construed under the laws of the State of Florida without regard to conflict of law principles.  Venue for any and all actions relating to or arising out of this end user agreement shall be located in Broward County, Florida.

 

12.       Attorney’s fees and costs.  In the event of any litigation arising out of or related to the use of the training videos and/or this Terms of Use, the prevailing party shall be entitled to recover attorney’s fees and costs from the non-prevailing party at all levels (pre-suit, litigation and appellate).

 

13.       Prohibition of dissemination of videos.  User of the videos hereby agrees not to copy, record, disseminate or otherwise communicate to third parties the content of the videos without the express, written consent of Shino Bay Aguilera DO, P.A.  In the event that User violates this section, User expressly agrees that there is no amount of compensation available to adequately compensate Shino Bay Aguilera DO, P.A., for the unauthorized dissemination of the content of the video.  User specifically agrees to the entry of injunctive relief to prevent continued or future disclosure of the contents of the video, agrees that Shino Bay Aguilera DO, P.A., shall have no adequate remedy at law, agrees that Shino Bay Aguilera DO, P.A., has and will suffer irreparable harm and agrees that Shino Bay Aguilera DO, P.A., has a clear legal right to the entry of injunctive relief against User.   

 

14.       Limitation on damages.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND THE NEGLIGENCE OF SHINO BAY AGUILERA, D.O.) OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.