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TERMS AND CONIDITIONS – HealthcarePages™
A. HealthcarePages Listing Agreement:
- Services. Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Computerlog's credit approval requirements, Computerlog agrees to provide the directory listing services at healthcarepages.com described in the Order for the fees stated in the secure check out Order page.
- Term. The initial service term of the Agreement shall begin on the date that Computerlog generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless Computerlog or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
- Fees. Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Computerlog may require payment for the first billing cycle before beginning service. Term of this Agreement; otherwise Computerlog will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 10th day following invoice date, but in no event earlier than the first day of each billing cycle. Payments must be made in United States dollars. Customer is responsible for providing Computerlog with changes to billing information (such as credit card expiration, change in billing address) At its option, Computerlog may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Computerlog may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Computerlog may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Computerlog’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Computerlog’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
- Fee Increases. Computerlog may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
- Early Termination. Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Computerlog’s terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Computerlog’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
- Refunds. The Service is billed in advance on a monthly, yearly, or otherwise defined term or period of time basis and is non-refundable, unless requested within forty-eight (48) hours from the original purchase. Any refund requests following the initial 48-hour grace period will not be approved. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- Customer Information. Customer represents and warrants to Computerlog that the information he, she or it has provided and will provide to Computerlog for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Computerlog’s that he or she is at least 18 years of age. Computerlog may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
- Indemnification. Customer agrees to indemnify and hold harmless Computerlog, Computerlog’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
- Disclaimer of Warranties. Computerlog DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Computerlog DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
- Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Computerlog AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
- Suspension of Service. Customer agrees that Computerlog may suspend services to Customer without notice and without liability if:
- Computerlog reasonably believes that the services are being used in violation of the AUP;
- Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
- Computerlog reasonably believes that the suspension of service is necessary to protect its network or its other customers, or
- as requested by a law enforcement or regulatory agency. Customer shall pay Computerlog reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection
- Termination. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Computerlog’s fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Computerlog prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days’ notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Arca Solutions describing the violation in reasonable detail; (iii) upon one (1) days’ notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days’ notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
- Suspension of Service. Customer agrees that Computerlog may suspend services to Customer without notice and without liability if:
- Requests for Customer Information. Customer agrees that Computerlog may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Computerlog believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
- Changes to Computerlog’s Network. Upgrades and other changes in Computerlog’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Computerlog’s reserves the right to change its network in its commercially reasonable discretion, and Arca Solutions shall not be liable for any resulting harm to Customer.
- Notices. Notices to Computerlog under the Agreement shall be given via electronic mail to email@example.com or firstname.lastname@example.org . Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted. Customer may change his, her or its notice address by a notice given in accordance with this Section.
- Force Majeure. Computerlog shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Computerlog’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
- Governing Law/Disputes. The Agreement shall be governed by the laws of the State of Texas &/or Hawaii, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN ARLINGTON, VIRGINA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
- Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Computerlog unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third-party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Computerlog’s prior written consent. Computerlog’s approval for assignment is contingent on the assignee meeting Computerlog’s credit approval criteria. Arca Solutions may assign the Agreement in whole or in part. This Agreement together with the Computerlog’s Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
B. ACCEPTANCE OF TERMS AT HEALTHCAREPAGES.COM:
This Agreement, which incorporates by reference other provisions applicable to use of http://www.healthcarepages.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in http://www.healthcarepages.com. This sets forth the terms and conditions that apply to use of http://www.healthcarepages.com by User. The information and materials provided by HealthcarePages™ may be used for informational purposes only. By using HealthcarePages™ (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
HealthcarePages™ shall have the right at any time to change or discontinue any aspect or feature of http://www.healthcarepages.com, including, but not limited to, content, hours of availability and equipment needed for access or use.
1. CHANGED TERMS
HealthcarePages™ shall have the right at any time to change or modify the terms and conditions applicable to User's use of http://www.healthcarepages.com or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof. Changes may be executed by means including, but not limited to, posting on http://www.healthcarepages.com, electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of http://www.healthcarepages.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.
2. DESCRIPTION OF SERVICES
Through its Web property, HealthcarePages™ provides User with access to a variety of resources, including download areas, communication forums, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. HealthcarePages™ shall have the right to change, update, and remove any of the above without notice to the User.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of http://www.healthcarepages.com, and all charges related thereto. The software is HealthcarePages™ property, and is governed with the United States copyright laws. If applicable, software may be copied for back up or archival purposes only, limiting it to; (a) making a copy of the software or, (b) transferring to a single hard disk. Copies of any and all software, with the exception of the aforementioned, are in violation of the TOU. The software shall not be leased, rented, or loaned. The software is to be used on a single computer and is not intended for network use.
4. USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send, and receive messages with material that is proper, not personally related, and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
- Defame abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribution or disseminating any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or control the rights thereto, or have received all necessary consent in document form to do so.
- Use any material or information, including images or photographs, in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User knows or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses and other personal information.
- Violate any applicable laws or regulations set forth by the United States.
- Create a false identity for the purpose of misleading others.
- Use, download, or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
HealthcarePages™ has no obligation to monitor the Communication Services. However, HealthcarePages™ reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice for any reason whatsoever. HealthcarePages™ reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, edit, refuse to post or to remove any information or materials (in whole or in part), at the sole discretion of HealthcarePages™. If a User uploads any of the material that is in defiance of the above mentioned, and it results in legal action, the User will be solely responsible; this includes, but is not limited to, legal fees and fines, reserves the right to review materials posted to the Communication Services, and to remove any materials in its sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. HealthcarePages™ does not control or endorse the content, messages or information found in any Communication Services. Therefore, HealthcarePages™ specifically disclaims any liability with regard to the Communication Services, and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized HealthcarePages™ spokespersons, and their views do not necessarily reflect those of HealthcarePages™. If personal information is given by the User, it is at his/her own discretion, they will be solely responsible for any occurrences that may result.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services require User to open an account, User must complete the registration process by providing HealthcarePages™ with current, complete, and accurate information as prompted by the applicable registration form. The email address provided by the User will serve as contact information for HealthcarePages™ for the user if such contact is necessary. User also will choose a password and a username. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify HealthcarePages™ immediately of any unauthorized use of User’s account, or any other breach of security. HealthcarePages™ will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by HealthcarePages™ or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
6. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of HealthcarePages™ and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end User will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end Users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, HealthcarePages™ hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, HealthcarePages™ may make available, as part of the services or in its software products, tools and utilities for use and/or download. HealthcarePages™ does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.
7. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall HealthcarePages™ and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of, or failure to provide services or information available from the services.
8. MATERIALS PROVIDED TO HealthcarePages™ OR POSTED AT ANY OF ITS WEB SITES.
In compliance with the laws governing website agreements such as this, user shall not post materials of any of the following natures on http://www.healthcarepages.com:
- Violent, (including firearms)
- Racial or ethnic objectionable materials,
- Depicting sexual situations,
- Promoting discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference.
- Any copy-right violation
- Illegally copied third party items (text content, images and/or copy right)
Posting the above items will result in immediate termination of the User account. As the posting will be in violation of this agreement, it will result in legal action. This legal action, and any action taken after the misuse of the website, will be the sole responsibility of the User.
HealthcarePages™ does not claim ownership of the materials Users provide to HealthcarePages™ including: feedback, suggestions, posts, uploads, inputs, or submit to any services or its associated services for review by the general public or by the members of any public or private community, (each a "submission" and collectively "submissions"). However, by posting, uploading, inputting, providing or submitting ("posting") User’s submission, User is granting HealthcarePages.com™, its affiliated companies and necessary sublicenses, permission to use User’s submission in connection with the operation of their internet businesses (including, without limitation, all HealthcarePages™ services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s submission; to publish User’s name in connection with User’s submission; and the right to sublicense such rights to any supplier of the services.
9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. User expressly agrees that use of http://www.healthcarepages.com is at User's sole risk. Neither HealthcarePages™, its affiliates nor any of their respective employees, agents, third party content providers, or licensors warrant that http://www.healthcarepages.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of http://www.healthcarepages.com, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through http://www.healthcarepages.com
B. http://www.healthcarepages.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action. User specifically acknowledges that HealthcarePages™ 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 User.
D. In no event will HealthcarePages™ or any person or entity involved in creating, producing, or distributing http://www.healthcarepages.com or the HealthcarePages™ software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use http://www.healthcarepages.com. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
E. In addition to the terms set forth above, neither HealthcarePages™ nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or other defects in; un-timeliness or unauthenticity of, the information contained within http://www.healthcarepages.com or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there-from or occasioned thereby; none of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive, or consequential damages.
F. Prior to the execution of a stock trade, Users are advised to consult with a broker or other financial representative to verify pricing or other information. HealthcarePages™ its affiliates, information providers, or content partners shall have no liability for investment decisions based on the information provided. Neither HealthcarePages™ nor its affiliates, information providers, or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
G. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation; acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of the agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
10. LINKS TO THIRD PARTY SITES
The links in this area will let you leave http://www.healthcarepages.com. The linked sites are not under the control of HealthcarePages™ and HealthcarePages™ is not responsible for the contents of any linked site, link contained in a linked site, or any changes or updates to such sites. HealthcarePages™ is not responsible for webcasting or any other form of transmission received from any linked site. HealthcarePages™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HealthcarePages™ of the site.
HealthcarePages™ is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, HealthcarePages™ has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, (including information providers), Users, or any other user of http://www.healthcarepages.com, are those of the respective author(s) or distributor(s) and not of HealthcarePages.com™. HealthcarePages™, nor any other third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through http://www.healthcarepages.com represents the opinions and judgments of the respective information provider, User or other Users not under contract with HealthcarePages™ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on http://www.healthcarepages.com by anyone other than authorized HealthcarePages™ employee spokespersons while acting in their official capacities. Under no circumstances will HealthcarePages™ be liable for any loss or damage caused by a User's reliance on information obtained through http://www.healthcarepages.com. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through HealthcarePages™ Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
11. UNSOLICITED IDEA SUBMISSION POLICY
HealthcarePages™ or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when products or marketing strategies of HealthcarePages™ might seem similar to ideas submitted to HealthcarePages™. Please do not send your unsolicited ideas to HealthcarePages™ or anyone at HealthcarePages™. If, despite our request that you not send us your ideas and materials, you still send them, please understand that HealthcarePages.com™ makes no assurances that your ideas and materials will be treated as confidential or proprietary.
HealthcarePages™ shall have the right, but not the obligation, to monitor the content of http://www.healthcarepages.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by HealthcarePages™ to satisfy any law, regulation, or authorized government request. HealthcarePages™ shall have the right in its sole discretion to edit, and refuse to post or remove any material submitted to or posted on http://www.healthcarepages.com. Without limiting the foregoing, HealthcarePages™ shall have the right to remove any material that HealthcarePages™, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless HealthcarePages™ its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees arising out of the use of HealthcarePages™ by User or User's Account.
Either HealthcarePages™ or User may terminate this Agreement at any time. Without limiting the foregoing, HealthcarePages™ shall have the right to immediately terminate User's Account in the event of any conduct by User which HealthcarePages™ in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for http://www.healthcarepages.com established by HealthcarePages™ constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Hawaii and the United States government without regard to its conflict of laws rules. 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. The section headings used herein are for convenience only, and shall not be given any legal import.
16. COPYRIGHT NOTICE
The logos of HealthcarePages™ are trademarks of HealthcarePages™. All rights reserved. All other trademarks appearing on HealthcarePages™ are the property of their respective owners. The HealthcarePages™ logo may be used only with granted written permission from HealthcarePages™. Uses without the written permission will result in legal action.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people, and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
18. ANTI SPAM POLICY
HealthcarePages™ has a strict policy against spam. Unsolicited mass emails or unsolicited emails of any kind in the connection with our programs, products, and services are forbidden. A User account may be terminated at the discretion of HealthcarePages™ if User is deemed in any connection in violation of these anti-spam policies. HealthcarePages™ also has the right to suspend an account if spamming activities are suspected.
Spamming is considered to be activities relating to, but not limited to; direct or indirect transmitted email messages and to email addresses that do not consent to such transmission.
If you are “spammed” by anyone regarding our products, services, website, or any other matters, please immediately report this activity to HealthcarePages™ at email@example.com or firstname.lastname@example.org.