General

Orthopaedic and Spine Institute, LLC and Cyr Family Charitable Fund is hereinafter referred to as the “CFCF”. The Terms of Use apply to everyone who uses the website http://cyrcharitablefund.com Any person (consumer) accessing or using the Site is referred to as “you”.

Acceptance of Terms

By accessing or using any part of the Site or the services provided on it or other web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein, as modified by the CFCF in its sole discretion from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between you and the CFCF. You are responsible for regularly reviewing these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE ANY PART OF THE SITE OR ITS RELATED PRODUCTS AND/OR SERVICES.

Additional terms may govern use of certain web sites referenced on or linked through the Site (“Web sites”) or Web pages found on the Site (“Web pages”). In the event that any provision, term or guideline contained on a particular Web site or Web page conflicts with these Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of the Site

Unless specified otherwise, the CFCF offers you access to the Site solely for your personal and non-commercial use. You agree to access or use the Site only for legal purposes that are permitted by these Terms of Use. Among other things, you agree not to:

• except with the express written permission of the CFCF, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
• damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
• obtain or attempt to obtain any materials or information through any means not made readily accessible by the CFCF through the Site;
• use or attempt to use the Site for any purpose other than conducting inquiries, seeking information or related business with the CFCF as a bona fide user of the CFCF’s website;
• interfere with or induce a breach of the contractual relationships between the CFCF and its employees;
• use the Site for any unlawful or prohibited purpose;
• use the Site to transmit any harmful or disabling computer codes or viruses;
• transmit unsolicited email to this Site or to anyone whose email address includes the domain name on the Site;
• use the Site in any way that interferes with our network services or that attempts to gain authorized access to our network services;
• use the Site in any way that suggests an express or implied affiliation with the CFCF or a relationship with the CFCF without the express written permission of  the CFCF; or
• except with the express written permission of the CFCF, access or attempt to access password protected, secure or non-public areas of the Site.

Except with the express written permission of the CFCF, you agree that you will not create links directly to the Site home page, currently located at https://www.cyrcharitablefund.com/ or to any page within the Site from any Web site or Web page. The origin of any link to the Site home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Site home page. By creating a link to the Site, you agree that (a) you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Site from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Site. The CFCF reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that the CFCF so requests.

You agree that the CFCF may in its sole discretion and at any time terminate your access to and use of the Site, or any part thereof, with or without notice. You further agree that use of the Site and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, the CFCF reserves the right, in its sole discretion, to modify or discontinue the Services and/or products or any portion thereof, with or without notice, and without liability to you.

The Services and products provided through the Site may also be accessed on or through third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by the CFCF to sell or provide a specific product or service for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, the CFCF does not make, and hereby disclaims, any representation or warranty with respect to any third party services, and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You are responsible for confirming the sufficiency and reliability of any third party services, and you hereby release the CFCF from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, Content (as defined below), software or Web sites.

Further, please note that certain of the interactive services and content may provide certain information and customized results based on data provided by the user. These services and content, when utilized by the consumer shall not constitute any obligation on the part of the CFCF. Use of these interactive services and content shall in no event be construed as an offer by the CFCF.

Email Disclaimer

Unless there is explicit and specific language and disclosures to the contrary, e-mails from us do not contain or constitute an electronic signature, even if the sender’s name appears in the e-mail. E-mail communications are not intended to be construed against the CFCF as a guarantee of service, content or price, or any other unconditional offer or agreement to buy, purchase, lease, rent, or provide a service or product. Such documents and agreements are generally sent to clients in writing, including electronic writings if you and the CFCF formally agree to communicate electronically via the Electronic Signatures in Global and National Commerce Act, otherwise known as “E-Sign.”

Communications with Orthopaedic and Spine Institute, LLC and The Cyr Family Charitable Fund

We do not advise using email or chat to communicate time-sensitive matters or official  matters, as they may not be received or reviewed in a timely manner. All emails are processed through various virus and spam filters that may delay or reject the delivery of an email entirely. Urgent matters should be communicated in person via the telephone, and then confirmed in writing with the appropriate person/party via fax or email. We reserve the right to block any email source we deem appropriate. The CFCF’s email facilities are only to be used for conducting lawful and legitimate business purposes relating to CFCF business. Your communications with us via the Site, chat, blog, email and telephone may be recorded and/or monitored, and by using such communications you are consenting to such recording and/or monitoring of the same. All responses to inquiries, comment, and information should be made by the CFCF or its affiliates only in writing, including the E-sign process noted above.

Confidential Information

Emails sent by the CFCF are confidential (including all attachments to such emails) and are to be reviewed and/or disclosed only to the individual or entity to who they are addressed and intended. If you receive an email in error, the information contained in the email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose this confidential information. Please notify the sender immediately and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including, but not limited to, the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential Information provided by the CFCF, you agree to indemnify, defend and hold the CFCF harmless against any and all claims, losses, liabilities or expenses, including attorneys’ fees that the CFCF may incur as a result of unauthorized disclosure or dissemination of confidential information due to your acts or omissions.

Site Content

The Site and all of its content, including, but not limited to, all information, text, messages, images, photos, illustrations, interactive tools, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on or Transmitted (as defined below) to the Site, (collectively, “Content”) is owned and copyrighted or licensed by the CFCF and/or third parties with all rights reserved unless otherwise noted. The CFCF grants you a limited license to access and use the Site, Services and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Site provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Site, Services or Content, except with express written consent of the CFCF. You understand and agree that all third party Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the third party originator of such Content. Content and Services are provided through the Site “AS IS,” and you agree that the use of and reliance on any Content or Services is at your own risk, and that under no circumstances shall the CFCF be liable for any Content or Services or for any loss or damage of any kind incurred as a result of the use of any Content or Services made available via the Site.

You acknowledge that the CFCF does not screen or approve third-party Content, and that the CFCF shall have the right (but not the obligation) in its sole discretion to refuse, modify and/or delete any Content that is available via the Site, for any reason and at any time.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit,” “Transmitting” or “Transmitted” as appropriate) Your Information or Content on or through the Site, or in entering into any other transaction or request for information on the Site, you agree to provide true, accurate, current and complete information upon which the CFCF and any other third parties may rely and to refrain from impersonating or falsely representing your affiliation with any person or entity. The CFCF owns all Content provided by users/consumers that are submitted or transmitted to the Site. You are entirely responsible for all Content that you provide or otherwise make available via the Site. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to transmit such Content, and to transfer your or others’ interests in such Content to the CFCF as provided below.

You promise that you will not use the Site to:

• Transmit any Content:
  1. not related to appropriate subject matters;
  2. which is misleading to others, including consumers, banks, investors;
  3. that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  4. that you do not have a right to post and transmit under any law or under contractual relationships;
  5. such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  6. and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

By transmitting Content to the Site, you grant, and you represent and warrant that you have the right to grant to the CFCF an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you grant the CFCF, its business partners and/or corporate affiliates all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.

The Company is committed to maintaining the privacy and security of any and all such information that you provide to the Company through the Site in accordance with its Privacy Policy. Please click here to review the Privacy Policy at privacypolicy@cyrcharitablefund.com/ <a href=”http://URL>privacypollicy@cyrcharitablefund.com</a>.

Unexpected Circumstance

The CFCF will not be responsible or liable in any manner for matters or conditions beyond its control in your use of any part of the Site or in the CFCF providing any products or services, including, those that may be available through the Site. Such matters or conditions include, but are not limited to, acts of God, accidents, the elements, civil or public disturbance, failure of third parties to perform their obligations in a timely manner, your failure to provide required information or documentation in a timely manner, or the effect of any laws, orders, rules, regulations or restraints of any governmental body or authority. By way of example, the CFCF cannot and is not responsible for delays in responding to requests for information, inquiries, or comments due to: (i) the untimely receipt of your request or comment (ii) the untimely receipt of required documentation or action required by the CFCF; (iii) any matters beyond the CFCF’s control.

User IDs and Passwords

Certain areas, Services or Content provided on the Site may be restricted to users who have obtained a user identification and password by completing a registration process. Please protect and maintain the confidentiality of your user identification, password or other identifying information that you may obtain in connection with your use of the Site. You agree to notify the CFCF immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. At dave@cyrcharitablefund.com<a href=”http://URL”>dave@cyrcharitablefund.com</a> . You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of the Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of the Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

General Terms

Applicable Law

The Terms of Use is governed, construed and enforced by the laws of the State of Texas, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Bexar County, Texas, in all disputes arising out of or relating to accessing or using of the Site. Access or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the CFCF as a result of the Terms of Use or accessing or using the Site. The CFCF’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of the CFCF’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site or information provided to or gathered by the CFCF with respect to such use.

Application of Additional Terms

You acknowledge that certain features of the Site, as well as the products and services provided by the CFCF, including those that may be available via the Site, may be subject to terms, conditions and disclaimers in addition to the Terms of Use, and you agree that your use of such products and services are subject to such additional terms, conditions and disclaimers.

Interpretation and Enforceability of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Orthopaedic and Spine Institute, LLC and/or Cyr Family Charitable Fund), the Terms of Use constitutes the entire agreement between you and the CFCF with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the CFCF with respect to the Site. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT TO THE EXTENT PROHIBITED BY LAW: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE SITE, SERVICES, PRODUCTS AND/OR CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ORTHOPAEDIC AND SPINE INSTITUTE, LLC and CYR FAMILY CHARITABLE FUND, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY, LOSSES, DAMAGES, EXPENSES AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, RESULTING FROM, DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE SITE, AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE, EVEN IF SUCH CLAIMS, LIABILITY, LOSSES DAMAGES, EXPENSES OR DEMANDS ARE CAUSED BY THE SOLE, CONCURRENT, COMPARATIVE OR JOINT NEGLIGENCE OF ANY INDEMNIFIED PARTY.

Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL THE CFCF OR ITS THIRD PARTY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, 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 ACCESS OR USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CFCF OR SUCH THIRD PARTY VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND EVEN IF SUCH DAMAGES, LIABILITY, LOSSES DAMAGES, EXPENSES OR DEMANDS ARE CAUSED BY THE SOLE, CONCURRENT, COMPARATIVE OR JOINT NEGLIGENCE OF THE CFCF OR SUCH THIRD PARTY VENDOR. ANY SERVICES, CONTENT OR PRODUCT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. TO THE EXTENT THAT ANY PORTION OF THE EXCLUSION OR LIMITATION OF DAMAGES PROVIDED FOR HEREIN IS NOT ALLOWED IN AN APPLICABLE JURISDICTION, THE LIABILITY OF THE CFCF AND/OR SUCH THIRD PARTY VENDOR IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

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.

IRS Circular 230 Disclosure

Orthopaedic and Spine Institute, LLC and Cyr Family Charitable Fund disclaims any U.S. federal tax advice contained in or furnished through email (including any attachments). Any reliance upon such tax advice cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any other party any transaction or matter that is addressed, contained in or furnished through email (including any attachments).

Copyright

All materials on the Site, as well as, the organization and layout of the Site are owned and copyrighted or licensed by the CFCF, or its corporate affiliates or third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Site is permitted without the written permission of the CFCF. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Orthopaedic and Spine Institute, LLC designated agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.