1) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
2) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
3) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
4) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
5) forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
6) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
7) solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
8) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
9) decompile, reverse engineer, or disassemble any portion of any the Website;
10) use network-monitoring software to determine architecture of or extract usage data from the Website;
11) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
12) affect COMPANY adversely or reflect negatively on COMPANY, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to COMPANY or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to COMPANY in connection with the Website;
13) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
14) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
A. Our users understand and agree that anyone who becomes a user must first register with us via our Website on-line.
B. In order to access or use some features of the Website, such as obtaining access to our E-Blast newsletters, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information, unless otherwise permitted by applicable State or Federal law.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will submit your full name, mobile telephone number and email address, which may permit you access to certain areas of the Website not available to non-registered users.
A. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
C. Any User Content that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You represent, warrant, and covenant that you will not submit any User Content that:
1) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
2) affects COMPANY adversely or reflects negatively on COMPANY, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to COMPANY or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to COMPANY in connection with the Website;
3) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
4) results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing."
5) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
6) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
7) is an advertisement for goods or services or a solicitation of funds;
8) contains a formula, instruction, or advice that could cause harm or injury; or
D. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
F. By submitting User Content, you also grant COMPANY the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.
G. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our (and third party) advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
B. You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate our offer of any specific marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Website.
C. From time to time, we, or our service providers, suppliers, Advertisers, and other third parties may conduct promotions on or through the Website, including, without limitation, contests and sweepstakes ("Promotions"). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
A. We provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
B. In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
C. If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, COMPANY, and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
D. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
B. IN THE EVENT THAT WE ARE SUBJECT TO ANY CLAIM FOR WHICH WE HAVE THE RIGHT TO BE INDEMNIFIED BY YOU, WE WILL HAVE THE RIGHT TO, AT YOUR EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIM, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, COMPANY, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES OR GOODS YOU OBTAIN OR ACCESS THROUGH THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
FURTHER, YOU UNDERSTAND THAT WE HAVE NO CONTROL AND DISCLAIM ANY AND ALL WARRANTIES REGARDING THE AVAILABILITY OF PHYSCIANS/PROVIDERS AND AVAILABILITY OF SPECIFIC APPOINTMENT TIMES. WE ALSO DISCLAIM ANY OBLIGATIONS OR LIABILITY RELATED TO THE QUALIFICATIONS, LICENSURE, SPECIALIZATIONS OR CERTIFICATIONS. WE DO NOT MAKE ANY ASSERTIONS OR
C. In jurisdictions in which limitations on liability are not permitted, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
A. We require users of the Website to respect the intellectual property rights of others. If you believe that your intellectual property is being used on the Website in a way that constitutes copyright infringement, please contact our Designated Agent (specified below) and provide the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 3) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 4) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. 5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Designated Agent with the forgoing information as follows:
Attention: [Devendra Wadwekar]
4131 S Beverly Ct
Chandler AZ 85248
B. Please do not make false claims. Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please note that any information or correspondence that you provide to our Designated Agent may be shared with third parties, including the person who provided COMPANY with the allegedly infringing material.
B. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
C. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
A. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
C. The section headings used herein are for convenience only and shall not be given any legal import.
Effective Date: March1, 2015