Terms and Conditions

Agreement Between User and Phoenix Internal Medicine

Welcome to www.phoenixinternalmed.com  The www.phoenixinternalmed.com website (“the Site”) is comprised of various web pages operated by Phoenix Internal Medicine.  The Site is offered to you conditioned on your acceptance without modification of terms, conditions, and notices contained herein (the “Terms”).  Your use of the Site constitutes your agreement to all such Terms.  Please read these terms carefully and keep a copy of them for your reference.

The purpose of our website is to inform visitors about corporate leadership, the services we provide, our partners, our customers, our previous work, how to contact us, and other corporate-related information about Phoenix Internal Medicine.

Privacy

Your use of the Site is subject to Phoenix Internal Medicine’s Privacy Policy.  Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

SMS Communications

Types of SMS Communications

If you have consented to receive text messages from Phoenix Internal Medicine, you may receive text messages related to:

  • Appointment confirmations, reminders, and updates
  • Important health alerts or notifications
  • General information about your medical care or services

We will only send SMS messages relevant to your relationship with Phoenix Internal Medicine, ensuring they align with the purpose for which you provided consent.

Standard Messaging Disclosures

Message and data rates may apply, depending on your mobile carrier and plan. You can opt out of receiving text messages at any time by texting “STOP” to 623-777-1720. Upon opting out, you will receive a confirmation message and will no longer receive SMS communications from us.

For assistance, you can text “HELP” to 623-777-1720, or you may visit our phoenixinternalmed.com/privacy-policy and phoenixinternalmed.com/terms-and-conditions for additional information.

Your consent to receive SMS messages is not required as a condition of receiving medical care or services from Phoenix Internal Medicine.

Electronic Communications

Visiting the Site or sending emails to Phoenix Internal Medicine constitutes electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.

Children Under Thirteen

Phoenix Internal Medicine does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.  If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Phoenix Internal Medicine and Phoenix Internal Medicine is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Phoenix Internal Medicine is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Phoenix Internal Medicine of the site or any association with its operators.

Certain services made via the Site are delivered by third party sites and organizations.  By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that Phoenix Internal Medicine may share such information and data with any third party with whom Phoenix Internal Medicine has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use.  As a condition of your use of the Site, you warrant to Phoenix Internal Medicine that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well the compilation thereof, and any software used on the Site, is the property of Phoenix Internal Medicine or its suppliers and protected by copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Phoenix Internal Medicine content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Phoenix Internal Medicine and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of Phoenix Internal Medicine or our licensors except as expressly authorized by these Terms.

International Users

The Site is controlled, operated and administered by Phoenix Internal Medicine from our offices within the USA.  If you access the Site from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the Phoenix Internal Medicine content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Phoenix Internal Medicine, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Phoenix Internal Medicine reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with Phoenix Internal Medicine in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction.  In the event any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.  This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.  THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and Phoenix Internal Medicine agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  PHOENIX INTERNAL MEDICINE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PHOENIX INTERNAL MEDICINE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  PHOENIX INTERNAL MEDICINE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOENIX INTERNAL MEDICINE AND/OR ITS SUPPLIERS BY LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES.  THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASE ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHOENIX INTERNAL MEDICINE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Phoenix Internal Medicine reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site.  User of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Phoenix Internal Medicine as a result of this agreement or use of the site.  Phoenix Internal Medicine’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Phoenix Internal Medicine’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Phoenix Internal Medicine with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Phoenix Internal Medicine with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Phoenix Internal Medicine with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this agreement and all related document be written in English.

Change to Terms

Phoenix Internal Medicine reserves the rights, in its sole discretion, to change the Terms under which the Site is offered.  The most current version of the Terms will supersede all previous versions.  Phoenix Internal Medicine encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Phoenix Internal Medicine
9515 W Camelback Rd, Ste 114
Phoenix, AZ 85037
phoenixinternalmedicine@gmail.com
623-777-1720

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