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Terms of
Use |
The following Terms of Use contain the complete
terms and conditions that apply to an individual's or entity's use
of Timothy Leary DDS site. As used in this Agreement, "We,"
"Us" or "Our" refers to Timothy Leary DDS, and "You" or "Your" refers to the
user. "Site" means any Timothy Leary DDS site posted on the
World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your
acceptance of these terms and conditions and Your waiver of any and
all claims against Timothy Leary DDS, its
parents, subsidiaries, affiliates, contractors, agents, officers,
directors or employees arising out of Your use of Our Site or any
materials, information, opinions or recommendations contained on Our
Site.
2. MODIFICATION
We may modify any of the terms and conditions in these
Terms of Use, at any time and in Our sole discretion, by posting a
change notice or a new user agreement on Our Site. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE
CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All
content included on Our Site, such as text, graphics, logos, button
icons, images, audio clips and software, is Our property or that of
Our content suppliers and is protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement
and assembly) of all content on Our Site is Our property protected
by U.S. and international copyright laws. All software used on Our
Site is Our property or that of Our software suppliers and is
protected by U.S. and international copyright laws. You may
electronically copy and print in hard copy portions of Our Site for
the limited purpose of placing an order with Us or using it as a
shopping resource. Any other use-including reproduction for purposes
other than those noted above, modification, distribution,
transmission, republication, display or performance-of the content
on a Site without Our prior written permission is strictly
prohibited.
3.2 Penalty.
Unauthorized copying of the
software, or failure to comply with the above restrictions, may
result in severe civil and criminal penalties. Unauthorized
duplication of the software constitutes copyright infringement and,
in the United States, is punishable in a federal criminal action by
a fine of up to U.S.$250,000 and imprisonment for up to five (5)
years. In addition, federal civil penalties allow the recovery of
actual damages based on the number of copies produced plus the
profits of the infringer, or statutory damages of up to U.S.$100,000
for willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES
WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION,
CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY,
NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF
PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE
CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF
OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider
unsolicited material, product suggestions or original or creative
ideas (collectively, "Materials") submitted through Our Site. If
despite this policy you submit any such Materials, We will deem it
Our property. We will not treat the Materials as confidential, and
We will not be liable for any use or disclosure of such Materials.
Without limitation, We will own the exclusive rights to the
Materials and will be entitled to unrestricted use of the Materials
for any purpose, commercial or otherwise, without compensation to
the submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF
REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE
USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT
TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY,
FOR ACCESSING OUR SITE.
7.
INDEMNIFICATION
You will defend and hold
harmless Timothy Leary DDS, its
parents, subsidiaries, affiliates, contractors, agent, officers,
directors and employees against all claims, losses, damages,
liabilities, costs and expenses (including reasonable attorneys'
fees and costs) made due to or arising out of a violation of these
Terms of Use or Your use of this Site, including, without
limitation, any claim arising out of unauthorized links to Our Site.
8 MISCELLANEOUS
8.1
Nonwaiver. If We fail to insist upon or enforce
strict performance of any provision or right under the terms and
conditions of these Terms of Use, it will not be construed as a
waiver of any provision or right; rather, the same will be and
remain in full force and effect.
8.2 Choice of
Law. These
Terms of Use will be interpreted, construed and enforced in all
respects in accordance with the laws of the State of Washington to
the exclusion of any other law which may be imputed in accordance
with choice of law rules applicable in any jurisdiction. The 1980
U.N. Convention on Contracts for the International Sale of Goods or
any successor thereto does not apply to these Terms of Use. For any
suit or claim pertaining to these Terms of Use or any information
furnished hereunder, You irrevocably consent to the jurisdiction and
venue of any state or federal court sitting in King County,
Washington, USA, and You will not commence an action or proceeding
relating to the subject matter of these Terms of Use in any other
jurisdiction.
8.3 English Language Governs.
It is the express wish of the parties that these
Terms of Use be drawn up in English. C'est la volonté explicite des
parties que ces termes d'usage soient rédiger en anglais.
8.4 Independent
Contractor. These Terms of Use will not be
interpreted or construed to create or evidence a partnership, joint
venture or franchise relationship among the parties or as imposing
any partnership or franchiser obligation or liability on either
party.
8.5 Compliance With Laws. You will comply at Your own
expense with all statutes, regulations, rules, ordinances and orders
of any governmental body, department or agency that apply to or
result from Your use of Our Site.
8.6.
Severability. If any provision of these Terms of Use
will be unlawful, void or for any reason unenforceable, then that
provision will be deemed severable from and will not affect the
validity and enforceability of
any remaining
provisions. | Contact
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