Please read this Agreement carefully before accessing or using our services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms.
Content Posted on Other Websites
We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which Dr. Burke Orthopedics links. Dr. Burke Orthopedics does not have any control over those non–Dr. Burke Orthopedics websites and is not responsible for their contents or their use. By linking to a non–Dr. Burke Orthopedics website, Dr. Burke Orthopedics does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dr. Burke Orthopedics disclaims any responsibility for any harm resulting from your use of non–Dr. Burke Orthopedics websites, and webpages.
This agreement constitutes the entire agreement between Dr. Burke Orthopedics and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dr. Burke Orthopedics, or by the posting by Dr. Burke Orthopedics of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of our services will be governed by the laws of the state of Texas, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Houston, Texas, Pearland, Texas. The arbitration shall take place in Houston, Texas or Pearland, Texas in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dr. Burke Orthopedics may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.