Thank you for visiting Dr. Clint Kirk’s (“Dr. Kirk”) website (the “Website”). Please read the following Terms & Conditions of use carefully before using this Website. You must agree to the following Terms & Conditions in order to proceed and use this Website. Your access and use of this Website constitute Your acceptance of these Terms & Conditions as they appear at the time of Your use.
You affirm that You are at least 18 years old or have the permission of Your parent or guardian allowing You to use the Dr. Kirk Website and enter into agreements with Dr. Kirk. By providing their permission, Your parents or guardians agree to all of the Terms & Conditions contained within this document on Your behalf. If You are under 18 years old, You agree to have Your parent or guardian read and acknowledge this entire Agreement before proceeding. Dr. Kirk should not be used by children under 13 years old.
If You do not agree to or wish to be bound by these Terms & Conditions, You may not access, use or download content from this Website.
Please note that these Terms & Conditions may be modified, changed, updated, revised, and reissued on an as-needed basis under Dr. Kirk ‘s sole discretion. If Dr. Kirk does change these Terms & Conditions, it will attempt to provide You with notice of said change(s) by temporarily adding a notification to the Dr. Kirk Website front page, by e-mail or by another similar, suitable means chosen by Dr. Kirk. You agree that notice of changes provided in these or similar means is adequate notice of changes. Dr. Kirk will post the most recent version of these Terms & Conditions and indicate its effective date. Your continued use of the Website after any such change(s) and notice constitutes Your continued and/or renewed irrevocable acceptance of these Terms & Conditions as modified. Any additional Terms & Conditions proposed by You are expressly rejected by Dr. Kirk and shall be of no force or effect.
You agree that Your use of the Website is entirely at Your own risk. The Website and all materials, information (including, without limitation, text, graphics, links, or any information or materials obtained or accessed through the Website), and products or downloads accessible or included therein are provided “as is,” “with all faults,” “as available,” with no warranties whatsoever. Dr. Kirk expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus and non-infringement of intellectual property and/or proprietary rights.
Dr. Kirk explicitly disclaims any responsibility for the accuracy, completeness, legality, reliability, or operability of information, content, or materials on the Website, the functionality of the Website, or the availability of the Website. No advice or information, whether oral or written, obtained by You from Dr. Kirk, or from or through the Website, shall create any warranty not expressly stated herein. Dr. Kirk does not warrant that the functions and features made available through the Website will be available, uninterrupted, or error-free, that defects will be corrected, or that its servers are free of viruses or other harmful components. Dr. Kirk expressly disclaims any and all responsibilities and liability for the conduct of any other End User or other third party, and expressly disclaims that data inputted or uploaded by other End Users is either correct or accurate.
Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to You. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to You, the above exclusions will apply to You to the fullest extent permitted by applicable law.
This Website Is Not a Substitute For Medical Advice.
The Dr. Kirk Website does not give medical advice, diagnosis or treatment. The Dr. Kirk Website is not to take the place of getting advice from Your doctor on diagnosis or treatment. The content found on this Website, such as words, pictures and other material, is for informational use only. The Dr. Kirk Website does not recommend, endorse, or otherwise approve of any specific product, service or treatment. The Dr. Kirk Website does not recommend, endorse, or otherwise approve of any specific tests, doctors, products, procedures, views or other information which may be mentioned on this Website. Be advised that information found on the Website may be incomplete or out of date.
Any questions You may have about a medical problem should be addressed through Your doctor or other qualified caregiver. If You think You may have a medical emergency, immediately consult Your doctor or dial 911.
Unauthorized Links, “Framing,” etc.
You are authorized to provide hyperlinks (“link(s)” or “linking”) to the Dr. Kirk front page. All other linking, framing, and site references are prohibited unless expressly authorized by Dr. Kirk in writing. You may not link to an internal portion or page of the Website (“deep linking”), including, but not limited to, deep linking to logos, trademarks, third party content or other copyrighted material, for any reason.
Your Use of This Website May Be Terminated By Dr. Kirk.
If You violate these Terms & Conditions, You must immediately terminate Your use of this Website. Dr. Kirk may, in its sole discretion, terminate Your access to this Website, or any portion thereof, or discontinue providing this Website, or any portion thereof, if Dr. Kirk believes You have violated these Terms & Conditions. These actions are in addition to and not in lieu or limitation of any other right or remedy Dr. Kirk may have available at law. Further, Dr. Kirk will not be liable to You or any third party for any such termination or discontinuance. If You believe Your account has been wrongfully terminated, You agree that Your sole remedy is to contact Dr. Kirk separately and request reinstatement.
Rights in Submitted Work/Text.
By submitting creative content in any form to the Website you agree to and do hereby grant Dr. Kirk a perpetual, royalty free worldwide non-exclusive license to reprint, republish, reproduce, distribute copies, display publicly, perform publicly, create or reproduce derivative works, or incorporate the Work into one or more collective works. You further agree that these rights may be exercised with or without attribution in all media and formats whether now known or hereafter devised. These rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats.
Governing Law; Jurisdiction; Venue.
These Terms & Conditions are governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to its conflict-of-laws provisions or Your actual state or country of residence unless Your country mandates its own laws. For the resolution of disputed matters arising under or in connection with these Terms & Conditions or otherwise from Your use of the Website, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located in Oklahoma City, Oklahoma.
You are solely responsible and liable for Your (and anyone using Your account) acts or omissions made on or through the use of the Website. Your authorization to use and Dr. Kirk’s provision of the Website is conditioned upon Your (and anyone using Your account) proper use of the Website. Therefore, You agree that You (and anyone using Your account) shall NOT engage in any activity which Dr. Kirk in its sole discretion deems inappropriate or unacceptable, including but not limited to the following:
use the Website in any manner inconsistent with or in violation of these Terms & Conditions as well as all applicable local, state, national, or international laws and/or regulations having the force of law;
use this Website as a means to distribute advertising or other unsolicited material to any third party;
post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Dr. Kirk in its sole discretion;
impersonate another person;
attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website, through password mining or any other means;
modify, adapt, translate, or reverse-engineer any portion of the Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Website; and/or
circumvent, disable, or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any content or enforce these Terms & Conditions.
Linked Third-Party Sites.
The Website may link You to other websites on the Internet. These links are provided for Your convenience only. These other websites are not under the control of Dr. Kirk and You acknowledge that (whether or not such sites are affiliated in any way with Dr. Kirk) Dr. Kirk is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Dr. Kirk or any association with its operators. Dr. Kirk cannot control and therefore does not make any representations or warranties as to the security of any information (including, without limitation, social security numbers and other personal information) actually provided to any third party via the Website, and You irrevocably waive any claim against Dr. Kirk with respect to such sites. Any and all claims You may have related to the intentional or accidental mishandling of information are between You and such third party. We strongly encourage You to make whatever investigation You feel necessary or appropriate before proceeding with any online dealings/transaction with any of these third-party sites.
Dr. Kirk’s failure to act with respect to a breach by You or others of these Terms & Conditions does not waive Dr. Kirk’s right to act with respect to subsequent or similar breaches. These Terms & Conditions set forth the entire understanding and agreement between Dr. Kirk and any site user with respect to this Website.