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Terms of Use

Date of Last Revision: June 3, 2019

The website www.kcbj.com, (hereinafter “the Site”) is owned and operated by Kansas City Bone & Joint Clinic Inc. (collectively, “KCBJ,” “we,” or “us”).  The Site provides the ability for interested customers to obtain information on the services provided by KCBJ and its related service providers; obtain general information related to orthopedic conditions and treatments; schedule an appointment and pay their bill online (the “Services”).

The Terms and Conditions of Use Agreement (“Terms of Use”) constitute a binding agreement between you and KCBJ.  Please read carefully through all sections of these Terms of Use.  Your access to and use of the Site is subject to these Terms of Use and all applicable laws.  By submitting your contact information to make an appointment or request information from us through the Site, or accessing and/or otherwise using the Site, you agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, then you may not use the Site.  These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Site.  Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy (defined below).

User Registration 

You may be required to register in order to access certain features of the Site.  If so, you will choose or be assigned a user name and a password through the Site’s registration process.  You are responsible for keeping your user name and password confidential.  You are responsible for all activities (whether by you or by others) that occur under your password and account.  You agree to notify us immediately of any unauthorized uses of your account or any other breach of security.  KCBJ cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

By registering for an account on the Site, you assert that your information is true and accurate to the best of your knowledge.  You agree not to submit false information such as name, address, state or country of residence, email, social media addresses, and/or telephone number when registering on the Site.  By registering with the Site, you consent to receive periodic communication from KCBJ and its affiliates, employees, agents, representatives and any third party service provider of KCBJ regarding your inquiry and/or obtaining the Services.  

Proprietary Rights

You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of KCBJ’s, its licensors’, or the Site’s other user’s intellectual property rights.  KCBJ provides content and information on the Site (“Site Content”) and grants you a limited license to make a copy and use Site Content solely for your personal or internal business purposes.  Except as otherwise provided herein, you may not copy, distribute or publicly display Site Content for any other purpose or in any other public forum without the written consent of KCBJ or the respective owner, including public forums such as other websites, web services, or print publications.  KCBJ or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.

Use of Personal Data

You acknowledge and agree to KCBJ’s collection and use of your Personal Information as described in the “Privacy Policy.”

Your Communications to the Site

Except to the extent your content or communications to KCBJ include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to KCBJ through the Site or by other electronic means, you thereby grant KCBJ a perpetual, royalty-free, world-wide, irrevocable, non‑exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works of, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services.  No compensation will be paid to you with respect to KCBJ’s or its sublicensees’ use of your communications.  By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

X-Rays

X-ray images taken in our office are the property of Kansas City Bone & Joint Clinic, PA.  These are part of your permanent medical record and to provide quality care for you, the patient, medical records must be kept. If you must transfer X-rays to another physician, we will make copies and provide them to you on a compact disc. The current charge is $6.50. We have made every effort to keep these costs as low as possible.

Disability and FMLA Forms

We know being off of work due to an injury or surgery is difficult.  We are happy to complete disability, FMLA or other forms needed. Please make arrangements to bring these forms to our clinic or have them sent to us prior to your procedure when possible.  Sorry, but forms cannot be accepted at the hospitals or surgery centers.  While we make every effort to complete these quickly, we ask you to allow 5-7 business days for completion.  There is a $20.00 fee per form which needs to be paid when dropping these forms off. 

Prohibited Activities

The following activities are expressly prohibited from the Site:

  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
  • Posting false, misleading, or fraudulent statements or content.
  • Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
  • Collecting personal information of other users of the Site without that user’s consent.
  • Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  • Framing or deep linking into the Site.
  • Accessing the Site by means of automated process, spiders, bots or similar device.

Federal and State Laws 

The Site is operated from the United States.  When using the Site, on the Site, or when using any content provided by KCBJ, you must obey all applicable federal, state and local laws. 

Minimum Age

We do not allow persons under the age of eighteen (18) to use the Site.  By using the Site, you represent and warrant that you are eighteen (18) years of age or over.

Medical Disclaimer

YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY.  THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED, AND SHALL NOT BE CONSTRUED AS, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. 

THE SITE IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY.  IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION.  DO NOT RELY ON THE SITE OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE.  ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.  TO THE FULLEST EXTENT PROVIDED BY LAW, KCBJ DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, KCBJ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

By providing THE SERVICES on the Site, KCBJ does not in any way promise that the SERVICEs will remain available to you.  KCBJ is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you. 

Limitation of Liability

THE LIABILITY OF KCBJ and its affiliates, employees, agents, representatives and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100). 

IN NO EVENT WILL KCBJ BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF KCBJ IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Indemnification

You agree to indemnify, defend and hold harmless KCBJ and its affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts or omissions during or through the use of the Site.  Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or that breach the terms of these Terms of Use. 

Third-Party Links

The Site may contain links to other third-party websites.  Such third-party websites are maintained by persons or organizations over which KCBJ exercises no control.  KCBJ expressly disclaims any responsibility for the content or results from your use of such third-party websites.

Copyright Complaints

KCBJ respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KCBJ’s copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

KCBJ’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Kansas City Bone & Joint Clinic Inc.
Attn: Caressa A. Lynch, Executive Director
10701 Nall Avenue
Suite 200
Overland Park, Kansas 66211

info@kcbj.com

Miscellaneous Provisions

Assignment.  KCBJ may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.

Severability.  If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.  If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Website Availability.  KCBJ cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions.  Although KCBJ strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and KCBJ disclaims any liability for damages resulting from such problems.

Typographical Errors.  Information on the Site may contain technical inaccuracies or typographical errors.  We attempt to make the Site’s postings as accurate as possible, but KCBJ does not warrant the content of the Site is accurate, complete, reliable, current, or error-free. 

Headings.  Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue.  It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Kansas, without giving effect to the conflict of laws provisions thereof.  Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Kansas City, KS.

Questions

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at clynch@kcbj.com. You also may write to us at: 

Kansas City Bone & Joint Clinic Inc.
Attn: Caressa A. Lynch, Executive Director
10701 Nall Avenue
Suite 200
Overland Park, Kansas 66211

Privacy Policy

Date of Last Revision: June, 3 2019

The website www.kcbj.com, (hereinafter “the Site”) is owned and operated by Kansas City Bone & Joint Clinic Inc. (“KCBJ,” “we,” or “us”).  Kansas City Bone & Joint Clinic Inc. is committed to protecting your privacy and utilizing technology that gives you a powerful and safe online experience. This Privacy Policy applies to the KCBJ website and governs data collection and usage.  By submitting your contact information to make an appointment or request information from us through the Site, or accessing and/or otherwise using the Site, you consent to KCBJ’s use of your Personal Data as set forth below in this Privacy Policy.      

The Site provides information regarding products offered by KCBJ and the ability for interested customers to obtain information on the services provided by KCBJ and its related service providers; general information related to orthopedic conditions and treatments; scheduling an appointment and providing online bill payment (the “Services”).

Please read carefully through all sections of this Privacy Policy.  Your access to and use of the Site is subject to this Privacy Policy and all applicable laws.  If you do not agree to this Privacy Policy, then you may not use the Site and you should not submit your contact information to the Site.  This Privacy Policy may be changed by us from time to time without notice to you, and the governing version will be posted on the Site.  We may notify you in the event we make any material changes to this Privacy Policy.  Please review this Privacy Policy on a regular basis as your use of the Site will be governed by the then-current Privacy Policy

 

What this Privacy Policy Covers

This Privacy Policy covers our treatment of Personal Data that we collect through your use of the Site and when you use Services provided on the Site.  This policy does not apply to the practices of companies that we do not own and/or control or to people that we do not employ or manage.

 

Notice to California residents

Except as expressly identified below, we do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes.  Thus, under California Civil Code Sections 1798.80-1798.84, Owner has no obligation to a California resident to provide further information regarding Owner’s use of the California resident’s personal data.  Any inquiries regarding the Terms of Use or, specifically, this Privacy Policy can be directed to the contact identified below. 

 

Notice to Utah residents

Except as expressly identified below, we do not disclose a user’s personal data to any third-party for such third-party’s direct marketing purposes

 

Information Collection and Use

Information You Give Us

Information We Collect from You

Information we obtain from others.

“Contact Information” – Your name, email, address and/or telephone number

 

“Analytical Information” – Pages and products viewed, ads that you clicked on, emails from us that you opened, browser type, operating system, IP address and device information, your mobile operating system (OS), a mobile device identifier embedded by us, or other commonly used mobile device identifier if you access the Site on a mobile device.

 

We may also collect publicly available information about you from third-party sources, such as the postal service for shipping address verification. 

 

We may receive your Contact Information and personal health information (“PHI”) from a referring physician or other referring professional.

   
   
 

 

 

 

How Your Personal Data May Be Used. 

Contact Information

We may use Contact Information and other Personal Data to:

provide you the Services on the Site; to evaluate and improve the Services; to fulfill your requests for information; and to contact you about KCBJ services based on the preferences you have indicated.  

 

User Information

We may use User Information to verify your identity and to allow us to reserve the time slot you designate when making an appointment online.

Analytical Information

We use Analytical Information to:

·  retain and evaluate information from your visits to the website and how you move around for analytics purposes to improve our website to make it more user friendly or improve the speed of the page loading or the website in general. 

·  to develop new services and ideas

Information from Third-Parties

We may use the Contact Information, User Information and information we receive from a referring physician or other referring professional in furtherance of your medical treatment, to contact you about appointments, your diagnosis and treatment.

  
  

 

 

Email Mailing List

We provide you the opportunity to consent or sign up for our mailing list to receive commercial email related to the Services or information.  We will give you the opportunity to “opt out” of receiving any further emails from us or to limit the emails you receive from us to information regarding the Services or information you specifically request or information we determine you may find useful as a result of your use of the Site.

 

HIPAA

Some of the information we collect may be governed by the Health Insurance Portability and Accountability Act (“HIPAA”).  In the event such information we collect through the Site is HIPAA governed data, we will comply with our obligations under HIPAA and our HIPAA obligations will control over this Privacy Policy. 

We require that each patient or their legal representative read and sign an acknowledgement of our HIPAA privacy policy.

Your medical record is confidential.  It will not be given to anyone without your written consent.  We will ask you to complete our PHI release form on your first visit.  Please include anyone you will authorize to obtain medical information written or verbally.  For example, spouse, parent, disability provider, etc.  If this is not completed we will not be able to communicate with anyone but you. Please be specific with names and contact information. Having this in your file will authorize our physicians and staff members to disclose your personal health information to the people you designate.

You may restrict access to your PHI.  You will need to complete the “Request to Restrict Personal Health Information” form to submit to our office.  If you have previously signed a release of information for an outside entity and now want to rescind that release or restrict your information, you may also use this form for that purpose.

You may have your medical records sent elsewhere with a written request.  Copies of records to another physician for continuity of your care will be provided at no charge.  We utilize DataFile Technologies to handle our medical record requests.  You may be contacted by them if there is any question on your request or to discuss any fees associated.

If you feel the documentation from your visit needs to be amended, we ask you to fill out a request form and submit it to our office for review by your provider.

 

Online Payments

All payments will be processed using a third-party payment provider.  KCBJ does not collect or store your payment information.  All payments will be governed by the terms of use of the third-party payment provider which can be accessed [here]

 

Information Sharing and Disclosure

Except as otherwise described in this Privacy Policy, we will not share your Personal Data with any other person or company.  We will share Personal Data about you to other companies or people when:

  • We need to share your information to provide a product or service you have requested;
  • We need to send the information to companies who work on behalf of KCBJ to provide a product or service to you (unless we tell you differently, these companies do not have any right to use the Personal Data we provide to them beyond what is necessary to assist us);
  • We find that your actions on our website violate the Terms and Conditions of Use, any of our usage guidelines for specific services or any agreement; and
  • As required to respond to or initiate subpoenas, court orders, or legal process.

 

Use of Cookies

We use “cookies,” a small text file transferred to your device, along with similar technologies (e.g., internet tag technologies, web beacons, embedded scripts) to help provide you a better, more personalized user experience. These technologies are used to:

  • Make the user experience more user friendly;
  • Remember your preferences (e.g., browsing language, usage preferences); or
  • Help us understand and improve how visitors use our website, including which of our pages and products are viewed most frequently.

 

The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies.  You can disable our cookies or all cookies through your browser settings.  Please be advised that disabling cookies through either method may impact many of our website’ features. 

 

The use of third-party cookies is not covered by our Privacy Policy.  We do not have access or control over these cookies.  If you continue to use our website, we will assume you agree to the use of these cookies.  You may visit the following links from our third-party providers to opt-out of their tracking and learn about their privacy practices: 

 

Do Not Track

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

 

Ability to Review and Edit Your Information

You may review and approve the Contact Information about you that was stored in our database and obtained through your use of the Site.  Upon your written request, we will remove that information from our database or change or correct personal data that you state is erroneous within applicable regulatory or other legal requirements.  You should understand, however, that information about you in our database might come from a number of sources.

 

Security

We will maintain reasonable safeguards to ensure the security, integrity and privacy of your Personal Data.  However, no electronic storage method or data transmission over the Internet can be guaranteed to be 100% secure.

 

Commitment to Children’s Privacy

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, the Site does collect information from children under 13 years of age, and we do not intentionally collect information from persons under eighteen (18) years of age.  Use of the Site is limited to users that are eighteen (18) years of age and older.  By using the Site, you represent that you are eighteen (18) years of age or older.

 

Changes to this Privacy Policy

We reserve the right to change, modify or otherwise update this policy at any time.  These changes or updates will be effective immediately.  We may provide you notice of such changes when they are material, such notice may be given by posting on the Site, by electronic or conventional mail or by any other means by which you obtain notice of the changes or updates. 

 

Policies of Other Websites

The Site may contain links to third-party websites not owned or controlled by KCBJ.  KCBJ is not responsible for the privacy policies of any third-party websites which user may access through a third‑party link.  Further, these third-party websites may have privacy policies that differ from this Privacy Policy.  KCBJ disclaims all responsibility for the privacy practices of such other third-party websites.  You should read the privacy policies of each third-party website you visit to determine what information each third-party website may be collecting about you and how they intend to use such information.

 

Questions

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at clynch@KCBJ.com.  You also may write to us at: 

Kansas City Bone & Joint Clinic Inc.
Attn: Caressa A. Lynch, Executive Director

10701 Nall Avenue
Suite 200
Overland Park, Kansas 66211