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Terms of Use

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Starks Medical, PLLC, including the website (the “Site”) and the services available to users through the Site (“Services”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, you should promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.

Starks Medical, PLLC does not provide any physicians’ or other providers’ services itself. All providers are independent of Starks Medical, PLLC and use the Service as a way to communicate with you. Any information or advice received from a provider comes from them only, and not from Starks Medical, PLLC. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Starks Medical, PLLC, nor any of its affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website. Starks Medical, PLLC does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use Starks Medical, PLLC to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.

Starks Medical, PLLC does not make any representations or warranties about the skill or training of any healthcare providers who provide services via the Service. You may be provided with a list of available providers located in your location if you request in writing. You are ultimately responsible for choosing your own healthcare provider.

If you are experiencing a medical emergency, you should call 911 or go to your nearest Emergency Department. 

1. Ownership of The Site And Related Materials

All pages within this Site and any material made available for download are the property of Starks Medical, PLLC, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

2. Electronic Communications

When you use any Starks Medical, PLLC Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

Messaging related information:

1. When you opt-in to the service, we may send you SMS messages.

2. You can cancel the SMS service at any time by replying “STOP”. After you send the SMS message “STOP” to us, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. Message and data rates may apply for any messages sent to you from us and to us from you. You may receive varied frequency of messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. 

3. Site Access, Security, and Restrictions

If you create a subscriber account for the Starks Medical, PLLC Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Starks Medical, PLLC. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Starks Medical, PLLC or created by you. You agree that you are fully responsible for all activity occurring under your user ID so you must protect it. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by Starks Medical, PLLC at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, but not limited by accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or attempting to scan, probe, or test the vulnerability of a system or network or to breach security or authentication measures; or accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the Starks Medical, PLLC Services only with consent and direct supervision of a parent or guardian.

Use any bot, spider, scraper, crawler, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site is strictly prohibited. 

Violations of network or system security may result in civil or criminal liability. Starks Medical, PLLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any routine, software or device to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

4. Disclaimer of Warranties

Starks Medical, PLLC does not warrant that use of or access to the site will be without errors, glitches, problems, or be uninterrupted. Defects and glitches in the site may not be corrected. This site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no warranties or representations of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, quality of information, title/non-infringement, quite enjoyment, and fitness for a particular purpose. Starks Medical, PLLC does not warrant the timeliness, accuracy, or completeness of the information obtained through the site.

You assume all risk and total responsibility for your use of this site, site-related services, and any linked websites even those of third parties. Starks Medical, PLLC does not guarantee or warrant that files available for download will be free of viruses, trojan horses, worms, or other destructive programming. You are responsible for implementing procedures good enough to satisfy your needs for data back up and security.

5. Integrity and Accuracy of Information

Starks Medical, PLLC attempts to ensure the integrity and accurateness of the Site, however, it makes no warranties, representations, or guarantees whatsoever as to the accuracy or correctness of the Site and Content thereon. The Site could possibly include typographical errors, inaccuracies or other errors. Also, unauthorized additions, deletions, and alterations could be made to the Site by third parties. Please inform Starks Medical, PLLC of any inaccuracies so that they can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Starks Medical, PLLC shall have no responsibility or liability for information or Content posted to the Site from any non-Starks Medical, PLLC affiliated third party.

6. Access and License

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Starks Medical, PLLC or its content providers grant you a limited, non-transferable, non-exclusive, non-sub-licensable license to access, use, and make personal and non-commercial use of the Starks Medical, PLLC Services. This license does not include any commercial or resale use of any Starks Medical, PLLC Service, or its contents; any collection and use of any service descriptions, pricings, or listings; any derivative use of any Starks Medical, PLLC Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Starks Medical, PLLC or its suppliers, publishers, licensors, rights holders, or other content providers. No Starks Medical, PLLC Service, nor any part of any Starks Medical, PLLC Service, may be duplicated, copied, reproduced, traded, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Starks Medical, PLLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Starks Medical, PLLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing Starks Medical, PLLC’s name or trademarks without the express written consent of Starks Medical, PLLC. You may not misuse the Starks Medical, PLLC Services. You may use the Starks Medical, PLLC Services only as permitted by law. The licenses granted by Starks Medical, PLLC terminate if you do not comply with these Terms of Use.

The Contents of the Site, including but not limited to the text, documents, files, photographs, audio, images, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, modified, published, distributed, reproduced, or used, in whole or in part, unless authorized or approved in writing by Starks Medical, PLLC. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, logo, service marks, trademarks, Content or other proprietary information (including; images, text, page layout, or form) of Starks Medical, PLLC without our express written consent.

7. Links to Other Sites

Starks Medical, PLLC makes no representations whatsoever about any other website that you might access through or is referenced on this Site. When you access a non-Starks Medical, PLLC site, please understand that it is independent from Starks Medical, PLLC, and that Starks Medical, PLLC has no control over the Content on that or other websites. In addition, a link to a non-Starks Medical, PLLC website does not mean that Starks Medical, PLLC endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, Trojan horses, worms, and other items of a technological destructive nature. If you choose to access any of the third party sites linked to this Site, you do this entirely at your own risk. 

8. No Medical Advice or Services

Starks Medical, PLLC provides no medical advice or clinical services. Starks Medical, PLLC is an independent, physician-owned medical group who provides physicians who contact customers through the platform. 

The content of the site and the services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Starks Medical, PLLC including but not limited to communications with Starks Medical, PLLC medical experts is intended to be for general informational purposes only and is in no way intended to create a physician-patient relationship as defined by state and federal law. The site and services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the site, whether provided by Starks Medical, PLLC, its content providers, medical experts, clients, visitors to the site or others, is solely at your own risk. While Starks Medical, PLLC facilitates your selection of, communications with and other interactions with physicians, Starks Medical, PLLC does not provide medical services and the doctor-patient relationship is between you and the healthcare provider you select. All healthcare providers identified or accessible on the site are independent providers and are not employed by or affiliated with Starks Medical, PLLC.

9. Protected Health Information

Starks Medical, PLLC manages patient’s information in strict compliance with HIPAA Rules/Laws and U.S. Department of Health and Human Services (HSS).

Starks Medical, PLLC will not disclose or use any patient’s information that is prohibited by law or in any way not covered in this policy.

Starks Medical, PLLC secures all patient's information in order to prevent unauthorized disclosure or use, including implementing requirements of the HIPAA Rules.

Starks Medical, PLLC will inform patients of any breaches of protected information that are not covered in accordance with the Code of Federal Regulations 45 CFR Part 164 Subpart D.

Starks Medical, PLLC will ensure that any subcontractors that have access to patient's information will agree and adhere to the same restrictions and conditions that apply to Starks Medical, PLLC with respect to that information.

Starks Medical, PLLC will carry out patient’s obligation under the HIPAA Rules that require Starks Medical, PLLC to comply with the requirements applicable to the obligation.

Starks Medical, PLLC will make available to the Department of Health and Human Services (HHS) our internal practices, books, and records relating to the use and disclosure of Protected Health Information (PHI) received from, created, or received by Starks Medical, PLLC on behalf of patients, for purposes of Department of Health and Human Services (HHS) determining patient compliance with the HIPAA Rules.

You are responsible for providing Starks Medical, PLLC only the minimum Personal Information and Organization Information necessary to accomplish the Service.

You are responsible for using administrative, physical, and technical safeguards at all times to maintain and ensure the confidentiality, privacy, and security of information transmitted to Starks Medical, PLLC, in accordance with the standards and requirements of HIPAA Rules.

You must obtain any consent or authorization that may be required by local and national laws and regulations prior to furnishing Starks Medical, PLLC the information for use and disclosure in accordance with this Agreement.

You cannot request Starks Medical, PLLC to use or disclose Information in any manner that would violate the Code of Federal Regulations 45 CFR Part 164 subpart E.

You agree to notify Starks Medical, PLLC of:
-any limitations in your notice of privacy practices under 45 CFR 164.520, to the extent that such limitation may affect our disclosure or use of protected health information.
-any changes in, or revocation of, permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect our use or disclosure of protected health information.
-any restriction on the use or disclosure of protected health information that you have agreed to or are required to abide by under 45 CFR 164.522, to the extent that such restriction may affect our use or disclosure of protected health information.

10. Your Health Information Rights 

The health and billing records we maintain are the physical property of the facility. The information in it, however, belongs to the patient. You as the patient have the right to: 
• Request a restriction on certain disclosures and uses of your health information by delivering the request in writing. Agreement to the request is not required or automatically granted; 
• Obtain a paper copy of the current Notice of Privacy Practices for Protected Health Information (“Notice”) by making a request; 
• Request that you be allowed to inspect and copy your health record and billing record. You may exercise this right by requesting in writing; 
• Appeal any denial of access to your protected health information, except in certain circumstances; 
• Request that your health care record be amended to correct incomplete or incorrect information by delivering a formal request in writing. We may deny your request if you ask to amend information that: Was not created by the facility, unless the person or entity that created the information is no longer available to make an amendment; Is not part of the health information kept by or for the facility; Is accurate and complete; Is not part of the information that you would be permitted to inspect or copy. If your request is denied, you will be informed of the reason for the denial and will have an opportunity to submit a statement of disagreement to be attached and kept with your records;
• Request that communication of your health information be made by alternative means or at an alternative location by delivering the request in writing; 
• Obtain an accounting of certain disclosures of your health information that we are required to maintain by delivering a request in writing. An accounting will not include uses and disclosures of information for treatment, payment, or operations; disclosures or uses made to you or made at your request; uses or disclosures made pursuant to an authorization signed by you; uses or disclosures made in a facility directory or to family members or friends relevant to that person’s involvement in your care or payment for such care; or, uses or disclosures to notify family or others responsible for your care of your location, condition, or your death;
• Revoke authorizations that you made previously to use or disclose information by delivering a written revocation to our office, except to the extent information or action has already been taken. 
You have the right to request Information or file a complaint. If you have questions, would like additional information, want to report a problem regarding the handling of your information, or want to exercise any of your rights as outlined in this Notice, you may contact us by message or email which can be accessed from home page of the Site. 

If you request it, we will provide further information to you regarding how to exercise your rights. Additionally, if you believe your privacy rights have been violated, you may file a written complaint by message or email. 

11. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including, but not limited to, fires, civil disorder, floods, earthquakes, internet failures, failures of public networks, war, invasion, acts of God, terrorism, storms, freezing weather, electrical shortages, civil disorder, strikes, or other disaster.

12. User Information

If you upload, submit, transmit, or post any files, health information, medical history, symptoms, conditions, suggestions, problems, ideas, audio, videos, personal information, consent forms, agreements, requests, comments, information, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that: is false, inaccurate, unlawful, libelous, abusive, defamatory, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; violates or infringes the trademark, copyright, privacy, trade dress, trade secrets or intellectual property rights of any person or entity; or contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Starks Medical, PLLC and its Providers that you have the legal right and authorization to provide all User Information to Starks Medical, PLLC and its Providers for use as set forth herein and required by Starks Medical, PLLC and the Provider.

13. Indemnity

You agree to defend, indemnify and hold Starks Medical, PLLC harmless from and against all damages, third party claims, and expenses (including reasonable attorneys’ fees) against or incurred by Starks Medical, PLLC arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, Starks Medical, PLLC shall only exercise its rights in this Section after addressing applicable claims with Your employer or health plan should you be accessing the Site or Services through your employer or health plan

14. Limitation of Liability Regarding Use of Site

Starks Medical, PLLC and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, consequential, incidental, punitive, exemplary, special, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-related services, information or content contained within the site, and/or any linked website, whether based on warranty, tort contract, or any other legal theory and whether or not advised of the possibility of such damages. Your only solution for displeasure with the site, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Starks Medical, PLLC to you with respect to your use of this site is $1000 (one thousand dollars).

15. Dispute Resolution

Starks Medical, PLLC will attempt to resolve any issue you have with Site, in good faith, including services ordered or purchased through the Site, if you bring that issue to the attention of Starks Medical, PLLC. There might be cases where we might not be able to resolve an issue to a customer’s complete satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any access or use of the Site, the Services or any other Starks Medical, PLLC site will be governed by the laws of the State of Texas, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any controversies or claims arising out of this Agreement, and/or the related use and access of the Site, the Services or any other Starks Medical, PLLC site, shall be exclusively in the state courts of Smith County in Tyler, Texas.

16. Claims of Copyright Infringement

We claim no liability or responsibility for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that infringes on a copyright, please contact Starks Medical, PLLC. Starks Medical, PLLC respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), Starks Medical, PLLC will respond promptly to notices of alleged infringement that are reported.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site directly to Starks Medical, PLLC. You may do so by sending a notice (“Notice”) including: your name, phone, email, title, company along with identification of the copyrighted works, material or link the claim is infringing on to Starks Medical, PLLC. 

17. Right to Modify Revisions

Starks Medical, PLLC reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. Starks Medical, PLLC uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. Starks Medical, PLLC has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by Starks Medical, PLLC only and does not cover the use of cookies by any third-party. Starks Medical, PLLC reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Starks Medical, PLLC and you pertaining to the subject matter hereof. In its sole discretion, Starks Medical, PLLC may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

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