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Terms of Use
1. ACCEPTANCE OF TERMS (or "we") provides its service to "you," the user of such services, subject to these Terms of Use (the "Terms"). If you do not accept the Terms, you may not access or use the services or Web site. When you are using services, you and shall be subject to the Terms and any posted guidelines or rules applicable to such services, which may be posted on the Web site from time to time. All such posted guidelines or rules are hereby incorporated by reference into the Terms. We may update the Terms from time to time without notice to you or other users, effective immediately upon posting on the Web site. 2. DESCRIPTION OF SERVICE currently provides users with access to a broad collection of online and off-line resources, including various communications tools, online forums, chat rooms, discussion boards and media content (collectively called the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms. You understand and agree that the Service is provided AS IS and that assumes no responsibility for content, timeliness, deletion, misdelivery, or f ailure to store any user communications or personalization settings. maintains absolute editorial independence. That means makes decisions about the information on our site free of outside influence. To maintain medical accuracy, however, our expert reviewers have editorial control over the medical accuracy in the materials on our site. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. The Web site and the Service may contain materials related to health or medicine, which are made available for informational purposes only, and are not intended to be a substitute for professional advice, diagnosis, or treatment. does not recommend or endorse any specific care facilities, tests, products, procedures, or opinions. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR QUALIFIED PROVIDERS WITH ANY CARE QUESTIONS YOU MAY HAVE. 3. YOUR PARTICIPATION Part of the Service requires a user registration. In consideration of your use of any part of the Service which requires a user registration, you agree to: (a) provide true, accurate, current, and complete information as prompted by the Service's registration form (such information being the "Registration Data") and (b) update the Registration Data as needed in order to ensure that the Registration Data remains truthful, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if has reasonable grounds to suspect that information you provide is untrue, inaccurate, not current, or incomplete, has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). is concerned about the safety and privacy of all its users. Accordingly, if you happen to be the legal guardian or custodian of any person using the Service (minor or adult), it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 4 below) is appropriate for your charge. The Web site and Service may contain materials that you may find sexually explicit or otherwise offensive. We do not accept any responsibility for your access to or use of any such materials, and any such use or access is at your own risk. When you register as a user, you will create a password and user ID upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and user ID and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions of Section 3. 4. USER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not , are entirely responsible for all Content that you post, e-mail, or otherwise transmit via the Service. does not necessarily control the Content posted via the Service and therefore does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via the Service. You agree not to use the Service to: a. upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a official, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party; g. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; h. post, e-mail, or otherwise transmit any material that contains 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; i. disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national, or international law, statue, rule or regulation; l. use the Service to conduct any contest, game of chance, or auction; m. use the Service to sell, purchase, or offer to sell or purchase any registered or unregistered securities; n. use the Service to publish, post, disseminate, or distribute any Content that is false, misleading, or designed to manipulate any equity, security, or other market; o. "stalk," "flame," or otherwise harass another; or p. collect or store data about other users for any purpose, or use the data in any manner that could be expected to offend the person for whom the data is relevant. You acknowledge that does not necessarily prescreen publicly posted information, but that and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, submitted to, or accessible through , including, without limitation, information in message boards or chat rooms, and in all other parts of the Service. You acknowledge and agree that may preserve Content and may also disclose Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of , its users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 5. SPECIAL ADMONITIONS FOR CHAT ROOMS AND DISCUSSION BOARDS If you intend to participate in any chat area or discussion board, the rules and admonitions in Sections 4, 15, and 16 have special importance for you. Please reread them carefully. When using chat rooms or discussion boards, users should be wary and cautious of any information they find. Information obtained through these sources cannot be a substitute for independent research into particular companies, persons, or entities. Care and care giving decisions should not be based on information obtained through chat rooms or discussion boards without independent verification. The people who make such information available in chat rooms or discussion boards may not be who they claim to be or may not be affiliated with whom they claim to be. disclaims all responsibility for the content in the Service and for any decisions that users may make based on such Content. disclaims all responsibility for the Content and its accuracy. All content is provided for informational purposes only. 6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 7. PUBLIC CONTENT POSTED TO With respect to all Content you elect to post to publicly accessible areas of the Service, you grant the royalty-free, perpetual, irrevocable, nonexclusive, and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. 8. INDEMNITY You agree to indemnify and hold and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of any terms or conditions of the Terms, or your violation of any rights of another. 9. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service, use of the Service, data obtained on or through the Service, or access to the Service. 10. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, discussion board postings, or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 11. MODIFICATIONS TO SERVICE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 12. TERMINATION You agree that , in its sole discretion, may terminate your password, account (or any part thereof), or use of the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use or if believes that you have violated or acted inconsistently with the letter or spirit of the Terms. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that shall not be liable to you or any third party for any termination of your access to the Service. 13. LINKS The Service may provide, or third parties may provide, links to other sites or resources. Because has limited or no control over such sites and resources, you acknowledge and agree that is not responsible for the accuracy of any link or the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource. 14. PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. 15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. 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 NONINFRINGEMENT. B. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 MAY RESULT FROM DOWNLOADING ANY SUCH MATERIAL. D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 16. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY CONTAINED IN THESE TERMS OF USE APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE OR THE SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 17. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU. 18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service or receive or request any news, messages, alerts, or other information from the Service concerning companies, please read again Sections 15 and 16 above regarding disclaimers of warranties and limitations of liability. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted via the Service and shall not be responsible or liable for any trading or investment decisions made on the basis of such information. 19. NOTICE Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service. 20. TRADEMARK INFORMATION , the logo, and other logos and product and service names are trademarks of LLC (the " Marks"). Without 's prior permission, you agree not to display or use in any manner the Marks. 21. COPYRIGHTS and COPYRIGHT AGENTS respects the intellectual property of others, and we ask you and our other users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide '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; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and e-mail address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 's Copyright Agent for notice of claims of copyright infringement on the Web site can be reached by e-mail at Copyright@NetworkOfCare.com. 22. GENERAL INFORMATION These Terms, and any additional provisions incorporated herein, constitute the entire agreement between you and and govern your use of the Service, superceding any prior agreements between you and . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The Terms and the relationship between you and shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You and agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Marin, State of California. The failure of to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. 23. VIOLATIONS Please report any violations of the Terms to Violations@alaemdaco.com.
Yes, I have read your User Agreement and agree No, I do not agree