| 1. ACCEPTANCE OF TERMS
NewMedicalNews.com (NMN) welcomes you. NMN provides its service to you
subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. In addition, when
using particular NMN owned or operated services, you and NMN shall be subject
to any posted guidelines or rules applicable to such services, which may
be posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. NMN may also offer other services that are governed
by different Terms of Service.
2. DESCRIPTION OF SERVICE
NMN provides users with access to a rich collection of resources available
through its search services (Service's'). You also understand and agree
that the Service may include advertisements and that these advertisements
are necessary for NMN to provide the Service. You also understand and agree
that the Service may in the future include certain communications from
NMN, such as service announcements, administrative messages and the NMN
Newsletter, and that these communications are considered part of NMN. You
understand and agree that the Service is provided "AS-IS" and that NMN
assumes no responsibility for the timeliness, deletion, mis-delivery. You
are responsible for obtaining access to the Service, and that access may
involve third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the Service.
You acknowledge that NMN may or may not pre-screen Content, but that
NMN and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or remove any Content that
is available via the Service. Without limiting the foregoing, NMN and its
designees shall have the right to remove any Content that violates the
TOS 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.
3. MODIFICATIONS TO SERVICE
NMN 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 NMN shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Search Service.
4. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that NMN shall not be responsible
or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the Service.
5. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because NMN has no control over such
sites and resources, you acknowledge and agree that NMN is not responsible
for 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 NMN 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.
6. NMN'S 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 by advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized
by NMN 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.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. NMN AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM
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 NON-INFRINGEMENT.
NMN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE 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.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
NMN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE
USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED
EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NMN AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE
TO YOU 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 NMN 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.
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 MAY NOT APPLY TO YOU.
8. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
9. 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. Specifically,
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.
10. INDEMNITY
You agree to indemnify and hold NMN and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors 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, transmit or otherwise
make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights
of another.
11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
NMN respects the intellectual property of others, and we ask our users
to do the same. NMN may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide NMN's Copyright Agent the following
information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or intellectual
property owner's behalf.
NMN's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail
Copyright Agent
c/o The Biotech Communications Group, Inc.
2977 Ygnacio Valley Road # 614
Walnut Creek, CA 94598
By phone
(925) 932-6264
By email
info@NewMedicalNews.com
12. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and NMN and governs your use of the Service, superseding any prior agreements
between you and NMN with respect to the Service. You also may be subject
to additional terms and conditions that may apply when you use or purchase
certain other NMN services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
NMN shall be governed by the laws of the State of California without regard
to its conflict of law provisions. You and NMN agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Contra
Costs, California.
Waiver and Severability of Terms. The failure of NMN to exercise or
enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS 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 TOS remain
in full force and effect.
Statute of Limitations. 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 TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
13. VIOLATIONS
Please report any violations of the TOS to our NMN.
Please note that, due to security concerns, attachments cannot be accepted.
Accordingly, any notification of infringement submitted electronically
with an attachment will not be received or processed.
The Biotech Communications Group, Inc.
2977 Ygnacio Valley Road # 614
Walnut Creek, CA 94598
Phone (925) 932-6264
By email
info@NewMedicalNews.com
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