Terms and Conditions Agreement
TERMS OF USE
1. Agreement. By accessing materials on the Acton
Medical Associates, P.C. ("Acton Medical") Web Site you agree with
these Terms of Use. The Acton Medical site includes, without limitation,
all content, information, text, questions, comments, ideas, graphics,
images, tools, and software programs contained in the web site and
related materials.
Acton Medical reserves the right, at its sole discretion, to change
these Terms of Use from time to time, and your access to the Acton
Medical Web Site will be deemed to be your acceptance of and agreement
to any such changed terms and conditions.
2. Health Information Disclaimer. The Content on
this Site is presented in a summary fashion, and is intended to be
used for educational and entertainment purposes only. The Content
is not intended to be and should not be interpreted as a recommendation
for a specific treatment plan, product, course of action or medical
or healthcare provider. THE SITE DOES NOT OFFER MEDICAL ADVICE AND
NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL
ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND
THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR
GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY
HEALTH CARE PROVIDER LINKED TO OR ADVERTISED ON THIS SITE. Acton Medical
and its Third Party Providers do not endorse any product or service
on the Site. You should not use the Site to diagnose a health or fitness
problem or disease. Use of the Site does not replace medical consultations
with a qualified health or medical professional to meet the health
and medical needs of you or any other party. You exercise your own
judgment when using any product or selecting a physician through this
Site and/or any Third Party Site and we disclaim all responsibility
for the professional qualifications and licensing of, and services
provided by, any physician or other health provider referred to on
this Site and/or any Third Party Site. We strongly urge you to visit
with a physician or health professional if you suspect you are ill.
Never disregard the medical advice of a physician or health professional,
or delay in seeking such advice, because of something you read in
the Content.
3. Ownership. You acknowledge that all materials
provided on this Site, including but not limited to the Content, information,
documents, products, software, logos, graphics, sounds, images, and
services, are provided either by Acton Medical or by its respective
third party authors, developers and vendors ("Third Party Providers")
and the underlying intellectual property rights are owned by Acton
Medical and/or its Third Party Providers. Elements of the Site are
protected by copyright, trade dress and other laws and may not be
copied or imitated in whole or in part. All product names, company
names, marks, logos, and symbols may be the trademarks of their respective
owners.
4. License. We hereby grant you, subject to the terms
and conditions of this Agreement, the right to view and use this Site.
You may download and/or print a copy of the Content for your personal
and non-commercial use only (the "Permitted Uses") provided the Content
is not modified in any way and all copyright and other proprietary
notices are kept intact. You agree to use the Content lawfully and
only for the Permitted Uses. No other use of the Content is permitted.
Permission to reprint or electronically reproduce any document or
graphic in whole or in part for any other purpose is expressly prohibited,
unless prior written consent is obtained from the respective copyright
holder(s). Furthermore, you may not sell, resell, modify, reverse
engineer, decompile, disassemble, frame or create derivative works
of or otherwise exploit for any commercial purpose the Site or any
portion thereof without our prior written consent in each instance.
5. Trademarks. All of the trademarks, service marks,
and logos displayed on this Site (the "Trademarks") are registered
and unregistered trademarks of Acton Medical, its affiliates, or third
parties. Nothing in this Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right in and to
the Trademarks without our express written permission or the express
written permission of the applicable third party. Except as expressly
provided in this Agreement, any use of the Trademarks is expressly
prohibited.
6. Privacy. We respect your personal privacy. Our
Privacy Policy is available on this Site, and by accessing the Site,
you are agreeing to be legally bound by the Privacy Policy. The Privacy
Policy is incorporated by reference into this Agreement in its entirety.
7. Usage Rules. As a condition of your use of the
Site, you agree that you will not use the Content for any purpose
that is unlawful or prohibited by this Agreement. We reserve the right
to deny you access to any and all parts of this Site for any reason,
and at our sole discretion. This Site may provide opportunities to
provide us feedback regarding the Site and our various offerings and
other unsolicited submissions (collectively "Unsolicited Information").
You may only provide Unsolicited Information that conforms to the
terms of this Agreement. We welcome your comments and feedback concerning
the Site, but we do not accept or consider other unsolicited ideas,
including ideas for new advertising campaigns, new promotions, new
technologies, processes, materials or marketing plans. Accordingly,
please do not send such unsolicited ideas to us. You are responsible
for material that is sent through your account to any "discussion"
group, bulletin board or similar public area ("Public Information")
available through the Site. By providing Public Information or Unsolicited
Information, you thereby grant us a perpetual, royalty-free, fully
paid up and irrevocable right and license to use, reproduce, modify,
publicly display, distribute, transmit, sublicense, create derivative
works from, transfer, sublicense and sell such Public Information
or Unsolicited Information This Site is intended for an adult audience
and CHILDREN UNDER THE AGE OF EIGHTEEN ARE NOT PERMITTED TO SUBMIT
ANY PUBLIC INFORMATION OR UNSOLICITED INFORMATION. The communities
and newsgroup discussions on this Site are not guaranteed to be monitored
for unacceptable use, nor will any statements made in the communities
and newsgroup discussions be authenticated or endorsed by us. Without
limiting the generality of the foregoing, you expressly acknowledge
and agree that the following rules shall apply to your use of the
Site.
a. You may not permit any other person (other than
an agent acting on your behalf and subject to your direct supervision)
to access the Site using your account for any purpose.
b. You may not post or transmit any message which
is libelous, defamatory or which discloses private or personal matters
concerning any person other than yourself. You may not post or transmit
any message, data, image or program which is indecent, obscene or
pornographic.
c. You may not post or transmit any message, data,
image or program that would violate the property rights of others,
including unauthorized copyrighted text, images or programs, trade
secrets or other confidential proprietary information, and trademarks
or service marks used in an infringing fashion.
d. You may not interfere with other users' use of
the Site, including, without limitation, disrupting the normal flow
of dialogue in a communities or newsgroup discussion.
e. You may not post or transmit any file which contains
viruses, worms, Trojan horses or any other contaminating or destructive
features.
f. You may not post or transmit any message which
is harmful, threatening, abusive or hateful. It is not our intent
to discourage users from taking controversial positions or expressing
vigorously what may be unpopular views; however, we reserve the right
to take such action as we deem appropriate in cases where the Content
is being used to disseminate statements which are deeply and widely
offensive and/or harmful. However, we are not obligated to take any
action.
g. You may not post or transmit charity requests,
petitions for signatures, chain letters or letters relating to pyramid
schemes. You may not post or transmit any advertising, promotional
materials or any other solicitation of other users to use goods or
services except in those areas (e.g., a classified bulletin board)
that are designated for such purpose and you must adhere to any applicable
policies.
8. Review of Postings & Uploads. Acton Medical does
not and cannot review all communications and materials posted or uploaded
to the Site and is not responsible for the content of these communications
and materials. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED
IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE
OR INSTRUCTION.
9. Procedures for Claimed Copyright Infringement.
We respect the intellectual property rights of others, and ask that
you do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, in accordance with
the Digital Millennium Copyright Act, please provide the following
information to our agent:
a. an electronic or physical signature of the person
authorized to act on behalf of the copyright owner;
b. a description of the copyrighted work that you
claim has been infringed;
c. a description of where the material you claim
is infringing is located on the Site;
d. your address, telephone number, and email address;
e. a statement that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law;
f. A statement made by you, under the penalty of
perjury, that the above information in your notice is accurate and
that you are the copyright owner or duly authorized to act on the
copyright owner's behalf;
10. Advertising, Linking and Framing. The Site may
contain links to web sites operated by other parties (the "Third Party
Sites"). The links to Third Party Sites are provided for your convenience
only. We do not control such Third Party Sites and we are not responsible
for the content and performance of these Third Party Sites or for
your transactions with them. Our inclusion of links to such Third
Party Sites does not imply any endorsement of the material on such
Third Party Sites or any association with their operators. Acton Medical
and its Third Party Providers do not recommend or endorse the content
on any Third Party Sites. Acton Medical is not responsible for the
content of linked Third Party Sites, sites framed within the Acton
Medical Site, or third party advertisements on the Site, and does
not make any representations regarding their content or accuracy.
Your use of Third Party Sites is at your own risk and subject to the
terms and conditions of use for such sites. Acton Medical and its
Third Party Providers do not endorse any products or services presented
on the Site.
11. Disclaimers.
a. Geographic Disclaimer. The Site is administered
by Acton Medical from Acton, Massachusetts and is intended for users
who are US residents. Access to the Site and the Content may not be
legal for some persons or in some countries outside the United States.
If you elect to access and use the Site and Content from outside of
the United States, you do so at your own risk and are solely responsible
for complying with all applicable laws and regulations.
B. DISCLAIMER OF WARRANTIES. THIS SITE AND ITS CONTENT
ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT
THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS AND SERVICES AVAILABLE
THROUGH THIS SERVICE. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY,
COMPLETENESS OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT,
PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE
AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY
OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE
THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE
TO PROVIDE THE SITE. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE
FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY.
THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN
INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO
NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY
NOT APPLY TO YOU.
12. Indemnification. You agree to indemnify, defend
and hold harmless Acton Medical, its affiliates, officers, directors,
employees, agents, information providers, partners, advertisers and
suppliers (the "Acton Medical Parties") from and against all losses,
expenses, damages and costs, including reasonable attorney's fees,
resulting from (a) provision of Unsolicited Information by you, or
(b) your use of the Content or Site; and/or (c) your breach of the
terms of this Agreement, (including infringement of third parties'
worldwide intellectual property rights or negligent or wrongful conduct)
by you or any other person accessing the Site using your service account.
13. WAIVER, RELEASE AND LIMITATION OF LIABILITY.
YOU AGREE THAT NONE OF THE ACTON MEDICAL PARTIES SHALL HAVE ANY LIABILITY
TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH
YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND
ALL CLAIMS YOU MAY HAVE AGAINST THE ACTON MEDICAL PARTIES (INCLUDING
BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE
ACTON MEDICAL PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION
WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE
ACTON MEDICAL PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED
THE FEES PAID BY THE USER TO ACTON MEDICAL FOR THE PARTICULAR INFORMATION
OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE ACTON MEDICAL PARTIES
BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED
TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION
OR OTHER PARTS OF THE SITE ARE HEREBY EXCLUDED EVEN IF ACTON MEDICAL
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF THE ACTON MEDICAL PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY
OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF
ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT
OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE
DATA CONTAINED THEREIN AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING
TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE OR THESE MATERIALS,
WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE
BEEN WITHIN THE CONTROL OF ANY OF THE ACTON MEDICAL PARTIES
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF
LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO
BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES,
THE AGGREGATE LIABILITY OF THE ACTON MEDICAL PARTIES SHALL NOT EXCEED
ONE HUNDRED ($100) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER
IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS
OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY
SHALL REMAIN IN EFFECT.
14. Third Party Rights. The provisions of paragraphs
12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability)
are for the benefit of the Acton Medical Parties. Each of the Acton
Medical Parties shall have the right to assert and enforce those provisions
directly against you on its own behalf.
15. User Representations. You represent and warrant
that you are at least 18 years of age and that you possess the legal
right and ability to enter into this Agreement and to use the Site
in accordance with this Agreement. You agree to be financially responsible
for your use of the Site (as well as for use of your account by others
(whether authorized or unauthorized), including use by any minors
living with you) and to comply with your responsibilities and obligations
as stated in this Agreement.
16. Miscellaneous. This Agreement shall be governed
by and construed in accordance with the laws of the Commonwealth of
Massachusetts, without regarding provisions relating to conflicts of law.
You agree that any legal action or proceeding between Acton Medical
and you for any purpose concerning this Agreement or the parties'
obligations under this Agreement shall be brought exclusively in a
court of competent jurisdiction sitting in Middlesex County, Massachusetts,
United States, and by accessing the Site you consent to the personal
jurisdiction of any state or federal court located in the Commonwealth
of Massachusetts. Any cause of action or claim you may have with respect
to the Site and/or this Agreement must be commenced within one (1)
year after the claim or cause of action arises. This Agreement constitutes
the entire Agreement between Acton Medical and you with respect to
your access and use of the Site. Any failure by us 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. Neither the
course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. We may assign our rights
and duties under this Agreement to any party at any time without notice
to you.
17. Notice. We may deliver notice to you under this
Agreement by means of electronic mail, a general notice on the Site,
or by written communication delivered by first class U. S. mail to
your address on record in your account information, if any. You may
give notice to us at any time by letter delivered by first class postage
prepaid U. S. mail or overnight courier to the following address:
Acton Medical Associates, P.C.
321 Main Street
Acton, MA 01720
18. Severability. The provisions of this Agreement
are severable, and in the event any provision hereof is determined
to be invalid or unenforceable, such invalidity or unenforceability
shall not in any way affect the validity or enforceability of the
remaining provisions.
Copyright Notice
©2007 Acton Medical Associates, P.C., All Rights Reserved
Privacy and Protection of Personal Information
See the Privacy Policy disclosures relating
to the collection and use of your information.
How To Contact Us
Should you have other questions or concerns about this Agreement,
please call us at 978-263-1425.
|
tools
|
