Notice of Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

The privacy of your medical information is important to us. We understand that your medical information is personal and we are committed to protecting it. We create a record of the care and services you receive at our facility. We need this record to provide you with quality care and to comply with certain legal requirements. This notice will tell you about the ways we may use and share medical information about you. We also describe your rights and certain duties we have regarding the use and disclosure of Protected Health Information (PHI).

The Law Requires Us To:

  • > Keep your medical information private.
  • > Give you this notice describing our legal duties, privacy practices and your right regarding your PHI.
  • > Follow the terms of the notice that is now in effect.
  • > Notify you if a breach in the security of your Protected Health Information (PHI) occurs.

We Have the Right To:
Change our privacy practices and the terms of this notice at any time, as long as they are permitted by law. This includes information previously created or received before those changes. Notification will occur if any important change is made, and will be available upon request.

Use and Disclosure of Your Protected Health Information (PHI):
The following section describes different ways that we use your PHI. Not every use or disclosure will be listed. However, we have listed all of the different ways we are permitted to use and disclose PHI. We will not disclose any of your PHI for any purpose not listed below, without your specific written authorization. Any specific written authorization may be revoked at anytime by writing to us.

FOR TREATMENT: We may use PHI about you to provide you with medical treatment or services. We may disclose this information about you to doctors, nurses, technicians and other people taking care of you. We may also share your PHI with other health care providers to assist them in treating you.
FOR PAYMENT: We may use PHI to obtain payment for the services we provide.

FOR HEALTH CARE OPERATIONS: We may use and disclose your PHI for our health care operations. This might include quality improvement measures, evaluating performance of employees, staff training, accreditation, obtaining certificates and licensure that we need in order to operate. This also includes business management and administrative activities.


NOTICE OF PRIVACY PRACTICES

OTHER USES AND DISCLOSURES: As part of treatment, payment and health care operations, we may also use or disclose your PHI for the following purposes:

Notification: PHI used to notify or help notify a family member or other person responsible for your care. We will share information about your location in our facility, general condition and approximate wait time. If you are present, we will get your permission if possible, before we share this information. In case of emergency and/or if you are not able to give or refuse permission, we will share only the PHI that is directly necessary for your health care, according to our professional judgment to make decisions in your best interest.

Disaster Relief: PHI will be shared with a public or private organizations or persons who can legally assist in disaster relief efforts.

Fundraising: We may contact your to raise funds for the facility or an institutional foundation related to the facility. If you do not wish to be contacted, please contact our Privacy Officer.

Research in Limited Circumstances: PHI for research purposes in limited circumstances where the research has bee approved by the Governing Body. They will review the research proposal and established protocols to ensure the privacy of your PHI.

Funeral Director, Coroner, Medical Examiner and Organ Donation: We may disclose PHI of a person who has died with these entities in order to help them carry out their duties.

Specialized Government Functions: Subject to certain requirements, we may disclose and/or use PHI for military personnel and veterans, for national security and intelligence activities, for protective services for the President and others, for medical suitability determinations for the Department of the State, for correctional institutions and other law enforcement custodial situations, and for government programs providing public benefits.

Court Orders and Judicial Administrative Proceedings: We may disclose your PHI in response to a court or administrative order, subpoena, discovery request or other lawful process. Under limited circumstances, such as a court order, warrant or grand jury subpoena, we may share your PHI with law enforcement officials. We may share limited information with law enforcement officials concerning the medical information of a suspect, fugitive, material witness, crime or missing person. We may also share the medical information of an inmate or other person in lawful custody with a law enforcement official or correctional institution under certain circumstances.

Public Health Activities: As required by law, we may disclose your PHI to public health or official authorities charged with preventing or controlling disease, injury or disability, including suspected physical abuse, neglect or domestic violence. We may also disclose your PHI to the Food and Drug Administration for purposes or reporting adverse events associated with product defects, problems, tracking and other activities. We may also, when authorized by the law to do so, notify a person who may have been exposed to a communicable disease or otherwise be at risk or contracting or spreading a disease or condition.


NOTICE OF PRIVACY PRACTICES

YOUR RIGHTS:

  • > The right to inspect and copy your PHI, via written request to the Privacy Officer. We may deny your request, if in our professional judgment, we determine that the access requested will endanger your life or another’s.
  • > The right to request a restriction on uses and disclosures of your PHI.
  • > The right to request to receive confidential communications from us by alternative means or locations.
  • > The right to request amendments to your PHI in writing with reasons to support such a request. In certain cases, we may deny your request for an amendment.
  • > The right to receive an accounting of certain disclosures other than for purposes of treatment, payment or health care operations. These written requests must be submitted to our Privacy Officer. Requests may not be for a period more than 6 years. We will provide the first request within any 12-month charge. Subsequent accounting requests may be subject to a reasonable cost-based fee.
  • > The right to obtain a paper copy of this notice.

Contact Person:
Attn: Privacy Officer
La Peer Surgery Center
8920 Wilshire Blvd., Suite 101 Beverly Hi
lls, CA 90211
The Privacy Officer can be contacted by telephone at (855) 360-9119.

This notice is effective March 13, 2012.

© 2012 Progressive Surgical Solutions, LLC | H1PAA — Forms


Download PDF Format

Website Privacy Statement

NOTICE OF PRIVACY PRACTICES

LA PEER SURGERY CENTER, LLC.

Effective January 1, 2012

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. Please review it carefully. Our practice uses health information about you for treatment, to obtain payment for treatment, for administrative purposes and to evaluate the quality of care that you receive. Your health information is contained in a medical record that is the physical property of our practice.

How Our Practice May Use or Disclose Your Health Information

For Treatment. Our practice may use your health information to provide you with medical treatment or services. For example, information obtained by a health care provider, such as physicians, nurse, or other person providing health services to you, will record information in your record that is related to your treatment. This information is necessary for health care providers to determine what treatment you should receive. Health care providers will also record actions taken by them in the course of your treatment and not how you respond to these actions.

For Payment. Our practice may use and disclose your health information to others for purposes of receiving payment for treatment and services that you receive. For example, a bill may be sent to you or a third-party payor, such as an insurance company or health plan. The information on the bill may contain information that identifies you, your diagnosis, and treatment or supplies used in the course of treatment.

For Health Care Operations. Our practice may use and disclose health information about you for operational purposes. For example, your health information may be disclosed to member of the medical staff, risk or quality improvement personnel, and others in order to:

  • evaluate the performance of our staff;
  • assess the quality of care and outcomes in your case and similar cases;
  • learn how to improve our facilities and services; and
  • determine how to continually improve the quality and effectiveness of the health care we provide

Appointments. Our practice may use your information to provide appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.

Required by Law. Our practice may use and disclose information about as required by law. For example, our practice may disclose information for the following purposes:

  • for judicial and administrative proceedings pursuant to legal authority;
  • to report information related to victims of abuse, neglect or domestic violence; and
  • to assist law enforcement officials in their law enforcement duties.

Public Health. Your health information may be used or disclosed for public health activities such as assisting public health authorities or other legal authorities to prevent or control disease, injury, or disability, or for other health oversight activities.

Decedents. Health information may be used to funeral directors or coroners to enable them to carry out their lawful duties.

Organ/Tissue Donations. Your health information may be used or disclosed for cadaveric organ, eye or tissue donation purposes.

Research. Our practice may use your health information for research purposes when an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your health information has approved the research.

Health and Safety. Your health information may be disclosed to avert a serious threat to health or safety of you or any other person pursuant to applicable law.

Government Functions. Your health information may be disclosed for specialized government functions such as protection of public officials or reporting to various branches of the armed services.

Worker’s Compensation. Your health information may be used or disclosed in order to comply with laws and regulations related to Worker’s Compensation.

Other Uses. Other uses and disclosures will be made only with your written authorization, and you may revoke the authorization except to the extent of our practice has taken action in reliance on such.

Your Health Information Rights

You have the right to:

  • request a restriction on certain uses and disclosures of your information as provided by 45 C.F.R. 164.522; however, our practice is not required to agree to a requested restriction;
  • obtain a paper copy of the notice of information practices upon request;
  • inspect and obtain a copy of your health record as provided for in 45 C.F.R.164.524;
  • request that your health record be amended as provided in 45 C.F.R. 164.526;
  • request communications of your health information by alternative means or at alternative locations; and
  • receive an accounting of disclosures made of your health information as provided by 45 C.F.R. 164.528.

Complaints

You may complain to our Privacy Officer and/or to the Department of Health and Human Services if you believe your privacy right have been violated. You will not be retaliated against for filing a complaint.

Obligations of Our Practice

Our practice is required by law to:

  • maintain the privacy of protected health information;
  • provide you with this notice of its legal duties and privacy practices with respect to your health information;
  • abide by the terms of this notice;
  • notify you if we are unable to agree to a requested restriction on how your information is used or disclosed; and
  • accommodate reasonable requests you may make to communicate health information by alternative means or at alternative locations.
  • notify you if a breach in the security of your Protected Health Information (PHI) occurs

Our practice reserves the right to change its information practices and to make the new provisions effective for all protected health information it maintains. Revised notices will be made available to you by in-office handouts or via our website.

Contact Information

If you have any questions of complaints, please contact: 

Privacy Officer: 
La Peer Surgery Center 
8920 Wilshire Boulevard, Suite 101 
Beverly Hills, CA 90211 
855.360.9119

AAAHC:
3201 Old Glenview Road, Suite 300
Wilmette, IL 60091
847.853.6060

Website Terms Conditions

Terms & Conditions

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THOSE TERMS AND CONDITIONS.

1. Privacy
Your privacy is of the utmost importance to us. Please review LaPeer Surgery Center  Privacy Statement for a thorough description of how we gather, use, and protect your personal information.

2. Restrictions on Use and Ownership
All pages within this Web site and any material made available for download (collectively referred to as “the Site”) are the property of LaPeer Surgery Center  (hereafter referred to as “LaPeer Surgery Center/ LaPeer Health” or “LPSC”) and/or its subsidiaries and affiliates. The content on the Site is provided for informational purposes only. LaPeer Surgery Center hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use and not to use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage. As a condition of your use of this Site, you warrant to LaPeer Surgery Center that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. The contents of the Site (including the text, images, audio, and video) are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of LaPeer Surgery Center, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. Persons viewing this Site may not make copies of any of the materials on it for any purpose, with the sole exception of the automatic copies that your Web browser may make to a temporary cache on your computer’s hard drive for ordinary private viewing purposes. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by LaPeer Surgery Center.

3. Trademark Notice
www.LaPeerHealth.com, www.LaPeerHealth.org, LaPeer Surgery Center. All other trademarks, service marks and logos used in this Site, including but not limited to trademarks, service marks, or logos of their respective owners. Nothing on these Web sites should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this Site without the express written permission of LaPeer Surgery Center or the third party that may own the trademark, service mark, or logo.

4. Claims of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), LAPEER SURGERY CENTER is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to

LaPeer Surgery Center Legal Department,
8920 Wilshire Boulevard
Beverly Hills, CA 90211-2006
(855) 360-9119 / [email protected]

Other than as specifically noted, LaPeer Surgery Center does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to LaPeer Surgery Center through the Site, including email and all data, images, sounds, text, and other things embodied therein, (collectively “Communications”) will be deemed NOT to be confidential except as provided otherwise by our privacy policy. By sending LaPeer Surgery Center any Communications, you grant LaPeer Surgery Center an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those Communications in and on all media now known or later developed, and you also agree that LaPeer Surgery Center is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. You hereby waive your moral rights in any such materials or information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials or information. You agree that you shall have no recourse against LaPeer Surgery Center for any alleged or actual infringement or misappropriation of any proprietary right in your Communications to us.

5. No Medical Advice
All health and health-related information contained within this Web site is intended to be general in nature and should not be used as a substitute for a visit to a health care professional. The information you obtain from this Site might be inappropriate for your own situation or might be misinterpreted. LaPeer Surgery Center assumes no responsibility for how you use the information you obtain from this Site. You may be accessing your own medical information via the LaPeerHealth.org application and may wish to communicate with one of your health care providers about that or related information. If you have an emergency, or think you need to speak to someone urgently, please do not use the email communication options provided to you by LaPeerHealth.org. Neither LaPeerHealth.org nor any other application available through this Web site is a substitute for appropriate and timely contact with your physician. The LaPeer Surgery Center Web site is not a substitute for consultation with your physician. You should never change or stop any course of treatment prescribed by your physician without first consulting him or her. Also, please note that although we strive to keep our information up to date, medical information changes rapidly and some information may be out of date. For advice about your own situation, ask your doctor! LaPeer Surgery Center will use your health information in order to provide you with better health care services. LaPeer Surgery Center will, at all times, maintain all of your medical information in strict confidence and will not disclose any information regarding you to any unaffiliated third party unless you authorize that person to receive your information or the information is required to be disclosed by law. (For additional information, please see LaPeer Surgery Center’s Privacy Statement. LaPeer Surgery Center cannot ensure that the information contained on its server will be available at all times, and because you are responsible for inputting information onto the LaPeer Surgery Center server, LaPeer Surgery Center cannot ensure that the information provided by on its Web site will be accurate. The LaPeer Surgery Center Web site is NOT designed to make diagnoses or to help you make diagnoses. Only your physician can properly diagnose and treat your illness.

6. WARRANTY DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LAPEER SURGERY CENTER OR LAPEER SURGERY CENTER’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

7. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER LAPEER SURGERY CENTER, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF LAPEER SURGERY CENTER’S WEB SITE OR ANY RELATED APPLICATIONS, INCLUDING BUT NOT LIMITED TO “LaPeer Surgery Center” and “LaPeer Health.” YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST LAPEER SURGERY CENTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF LAPEER SURGERY CENTER’S WEB SITE. YOU ADDITIONALLY AGREE THAT, IN THE EVENT SOMEONE OTHER THAN YOU GAINS ACCESS TO THE MEDICAL INFORMATION FOUND ON LAPEER SURGERY CENTER’S WEB SITE OR ANY RELATED APPLICATIONS, INCLUDING BUT NOT LIMITED TO “LaPeer Surgery Center” and LaPeer Health, EITHER THROUGH THEFT OF YOUR PERSONAL IDENTITY, INTIMATE KNOWLEDGE OF THE ANSWERS TO YOUR SECURITY QUESTIONS OR YOUR FAILURE TO PROPERLY PROTECT YOUR PASSWORDS AND/OR SECURITY QUESTION INFORMATION, YOU WAIVE ANY AND ALL RIGHTS TO PURSUE LAPEER SURGERY CENTER OR ANY OF ITS AFFILIATES FOR ANY CLAIM FOR DAMAGES OF ANY TYPE THAT MAY ARISE OUT OF THIS IMPROPER ACCESS OR IDENTITY THEFT. LAPEER SURGERY CENTER AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8. Accuracy and Integrity of Information
Although LaPeer Surgery Center attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform LaPeer Surgery Center so that it can be corrected. Information contained on the Site may be changed or updated without notice.

9. Visitor Chat Rooms and Other Interactive Areas
LaPeer Surgery Center may, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards, and other user forums, and the content of any such Communications. LaPeer Surgery Center, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. LaPeer Surgery Center retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.

10. Links or Pointers to Other Sites
LaPeer Surgery Center makes available to you health news and other health content as supplied by external sources. This information is intended to be general in nature and is provided to supplement the care provided by your physician. It is neither intended nor implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding your medical condition. LaPeer Surgery Center makes no representations whatsoever about any other Web site that you may access through this Site or any entity that may post its advertisements on this Site. When you access a non-LaPeer Surgery Center site, please understand that it is independent from LaPeer Surgery Center and that LaPeer Surgery Center has no control over the content on that Web site. In addition, a hyperlink to a non-LaPeer Surgery Center Web site does not mean that LaPeer Surgery Center endorses or accepts any responsibility for the content or the use of the linked site. LaPeer Surgery Center does not represent or endorse the accuracy or reliability of any of the information, content, or advertisements contained on, distributed through, linked, downloaded, or accessed from any of the services contained on this Web site, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection therewith. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

11. Hyperlinks to This Site
Persons constructing other Web sites may, of course, link to any of the pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of “inlining” them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or don’t link at all. Any other use will be a violation of copyright and could subject you to legal action.

12. Caching
Web mirror sites and commercial online services may request written permission to cache this entire Site to their hard drives for the purpose of enabling people to access it more easily or view it more rapidly. Note, however, that under no circumstances will they be granted the right to copy parts of the Site piecemeal, but only to copy the entire Site, preserving all the interior and exterior links, and not employing any of the materials out of their original context. For permission to “mirror” the Site, please send email describing your request.

13. Advertising
In accordance with LaPeer Surgery Center’s Solicitation/Distribution policy, no advertisement is accepted on this web site.

14. Choice of Law and Venue
These Terms and Conditions are entered into in the Commonwealth of California and shall be governed by and construed in accordance with the laws of Commonwealth of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state courts sitting in Los Angeles County, California and the federal courts of the District of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. Any cause of action or claim you may have with respect to your use of LaPeer Surgery Center’s Web site must be commenced within one (1) year after the claim or cause of action arises. LaPeer Surgery Center’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

15. Indemnification
You agree to indemnify, defend and hold harmless LaPeer Surgery Center, its affiliates, officers, directors, employees, agents, suppliers, and Licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your use of LaPeer Surgery Center’s Web site or account (including negligent or wrongful conduct) by you or any other person accessing the Web site using your account or password.

16. Third Party Rights
The provisions of paragraphs 7 (Waiver, Release and Limitation of Liability) and 14 (Indemnification) and are for the benefit of LaPeer Surgery Center and its officers, directors, employees, agents, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

17. Term; Termination
This Agreement shall commence upon your accessing this Web site. LaPeer Surgery Center may terminate this Agreement without prior notice at any time for any reason including but not limited to personal account access to any LaPeer Surgery Center Services and applications due to extended periods of inactivity and upon notification of your death. Access to Services and accounts shall not be transferable to a third party and may be terminated upon your death. The provisions of the Disclaimer set forth above and of paragraphs 4 (Claims of Copyright Infringement ), 13 (Choice of Law and Venue), 14 (Indemnification), and 15 (Third Party Rights) and shall survive any termination of this Agreement.

18. Assignment
LaPeer Surgery Center may assign its rights and duties under this Agreement to any party at any time without notice to you.

19. Notice
LaPeer Surgery Center may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Web site, or by written communication delivered by first class U.S. mail to your address on record in LaPeer Surgery Center’s account information.

20. Entire Agreement
These Terms and Conditions constitute the entire agreement between LaPeer Surgery Center and you pertaining to the subject matter hereof. In its sole discretion, LaPeer Surgery Center may, from time to time, revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such versions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.