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PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your
use of the Temecula Pain Management Group (“TMPG”) website
(the “Website”) is expressly conditioned on your acceptance
of the following terms and conditions. By using the Website, you
signify your assent to these terms and conditions. If you do not
agree with any part of the following terms and conditions, you must
not use the Website.
1. OWNERSHIP.
Except for items in the public domain, the information and all other
materials comprising the Website (collectively, the
"Materials"), are wholly owned by (or licensed to) TMPG
and/or its content providers. The Website contains copyrighted
material, trademarks, and other proprietary information. TMPG owns a
copyright in the selection, coordination and arrangement of the
Website. Nothing contained on this Website should be construed as
granting, by implication, estoppel, or otherwise, any license or
right to use any of the Materials without the written permission of
TMPG or such other party that may own the Materials.
2. USE OF
WEBSITE. Except for your non-commercial personal use, the Website may
not, in whole or in part, be sold, reproduced, published or
redistributed in any medium, directly or indirectly, for any
commercial or non-commercial purpose. Unauthorized use of the Website
and/or the Materials may violate applicable intellectual property
laws or other laws. You must retain all copyright and trademark
notices, including any other proprietary notices, contained in the
materials. The use of such materials on any other website or in any
environment of networked computers is prohibited. You are prohibited
from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, pornographic or any material that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law.
By uploading or
otherwise submitting a file or other information
("Contribution") to the Website, you automatically grant,
or warrant that the copyright owner of the Contribution has expressly
granted, to TMPG a perpetual, royalty-free, irrevocable, worldwide, non-exclusive
license to use, reproduce, publicly display, modify, store, create
derivative works from, and/or distribute the Contribution (in whole
or part) and/or to incorporate it in other works in any medium now
known or hereafter developed, as if the Contribution were public
domain information. You similarly permit any Internet user to
download, store, manipulate, view, print and display the Contribution
for that user’s personal use.
3. AGE AND
RESPONSIBILITY. You represent that you are of sufficient legal age to
use the Website and to create binding legal obligations for any
liability you may incur as a result of the use of the Website. You
understand that you are financially responsible for all uses of the
Website by you and those using your login information.
4. ACCOUNT
ACCESS. You agree that you are solely responsible for maintaining the
integrity of your online account access UserID and Password. You
further agree to only establish online account access for your own
account(s) or for those accounts to which you have been granted
expressed permission to access. TMPG is not liable for damages or
losses incurred by either the account owner or the user in the event
that a user establishes account access to an account which is not
his/hers and for which he/she has not been granted permission to
access by the account owner.
5. PRIVACY. You
have read the TMPG Privacy Policy, the terms of which are
incorporated herein, and agree that the terms of such policy are
reasonable. You consent to the use of your personal information by
TMPG and/or its third party providers and distributors in accordance
with the terms of and for the purposes set forth in the TMPG Privacy Policy.
6. NO
WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Website is at
your sole risk. You assume full responsibility and risk of loss
resulting from the downloading and/or use of files, data or other
material (including software) obtained through the Website. TMPG
strives to ensure the accuracy of the information presented on the
Website, however due to various circumstances, including, but not
limited to, delays caused by postal handling, upgrades and/or changes
to TMPG's bill and payment processing system there may be variances
between the information available on the Website and your actual bill
and payment information, energy usage history or other statistical
data. For this reason, neither TMPG nor any of its affiliates,
subsidiaries, business units, content providers can guarantee the
accuracy, truthfulness or reliability of any information provided on
or by means of the Website.
THE WEBSITE AND
THE CONTENT PROVIDED THEREON IS PROVIDED "AS IS", AND
NEITHER TMPG NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS,
SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE
LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral
advice or written information given to you by TMPG or any of its
affiliates, subsidiaries, business units, content providers, agents,
or the like shall create any warranty. Neither TMPG nor any of its
content providers, agents, or the like warrants that access to, or
use of, the Website will be uninterrupted, virus free, or error-free,
or that the Website (including, without limitation, any content on
the Website) will meet any particular criteria of performance or
quality. TMPG, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES,
SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE,
HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR
REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY,
RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE
(WHETHER OR NOT TMPG KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR
IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN
RESPECT OF THE WEBSITE. FURTHERMORE, TMPG, ON BEHALF OF ITSELF AND
ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT
PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.
7. LIMITATION
OF LIABILITY. TMPG and all of its affiliates, subsidiaries, business
units, content providers, agents and the like, in each instance will
not be liable for (a) any direct, indirect, incidental, consequential
and/or special damages arising out of your use of, or inability to
use, the Website, and you hereby waive any claims with respect
thereto, whether based on contractual, tort or other grounds, even if
TMPG has been advised of the possibility of such damages, and/or (b)
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 or
destruction or unauthorized access to, alteration of, or use of any
file, in each instance whether for breach of contract, tortious
behavior, negligence, or under any other cause of action. For further
clarity, in all events, TMPG and all of its affiliates, subsidiaries,
business units, content providers, agents and the like shall not be
liable for the defamatory, offensive, or illegal conduct of other
users of the Internet. Some jurisdictions do not allow implied
warranties to be excluded or modified or liability to be limited, so
not all of the above limitations may apply to you.
The provisions
of this Section 6 and Section 5 above represent a reasonable
allocation of the risks under this Agreement. TMPG's willingness to
allow you to use the Website reflects this allocation of risk and the
limitations of liability specified herein.
8.
INDEMNIFICATION. You agree to indemnify TMPG and all of its
affiliates, subsidiaries, business units, content providers, agents
and the like, in each instance from and against any and all claims,
suits, liabilities, expenses (including, without limitation,
attorneys' fees), and/or damages arising out of claims based upon
your use of the Website including, without limitation, any claim of
libel, defamation, violation of legal rights of others (including
rights of privacy or publicity), loss of service by other subscribers
and/or infringement of intellectual property or other rights.
9. LINKS. The
Website may contain links to websites operated by parties other than
TMPG. Such links are provided for your reference only. TMPG does not
control such websites and is not responsible for their contents. TMPG
makes no representation or warranty regarding any other websites or
the contents or materials on such websites. The Website’s
inclusion of links to other websites does not imply TMPG’s
endorsement of the material on the websites or any association with
their operators. Any concerns regarding any such service or resource,
or any link thereto, should be directed to the particular service or resource.
10.
FORWARD-LOOKING STATEMENT DISCLOSURE. Any investor information
contained on this Website is forward-looking information based on
current expectations and plans that involve risks and uncertainties.
Although TMPG believes that this forward-looking information is
accurate, its business is dependent on various regulatory issues,
general economic conditions and future trends, and these factors can
cause actual results to differ materially from the forward-looking
information that has been provided. You are cautioned not to put
undue reliance on this forward-looking information, which is not a
guarantee of future performance and is subject to a number of
uncertainties and other factors, many of which are outside the
control of TMPG. Stock quotes are time delayed and should not be used
for real-time investment decisions. All postings are subject to this
notice regarding forward-looking statements and these terms and conditions.
11. GOVERNING
LAW. This Agreement and its performance shall be governed by the laws
of the state of California, United States of America, without regard
to its conflict of law provisions. You consent and submit to the
exclusive jurisdiction of the state and federal courts located in
Riverside County, the state of California, United States of America,
in all questions and controversies arising out of your use of this
Website and this Agreement.
12. NO WAIVER.
The failure of either party to insist upon or enforce strict
performance by the other party of any provision of these Terms and
Conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between you and TMPG nor the
trade practice shall modify any provision of these Terms and Conditions.
13.
MODIFICATION. TMPG may at any time modify these terms and conditions
and your continued use of this Website will be conditioned upon the
terms and conditions in force at the time of your use.
14. ADDITIONAL
TERMS. Additional terms and conditions may apply other portions of
the Website, and you agree to abide by such other terms and conditions.
15.
SEVERABILITY. These terms and conditions shall be deemed severable.
In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
16.
INTELLECTUAL PROPERTY NOTICES. All contents of the Website are
Copyright © 2006, 2007; Temecula Pain Management Group and/or
its suppliers. All rights reserved. Product and company names
mentioned in the Website are the trademarks of their respective owners.
17. ENTIRE
AGREEMENT. These terms and conditions, together with those
incorporated herein or referred to herein constitute the entire
agreement between us relating to the subject matter hereof, and
supersedes any prior understandings or agreements (whether oral or
written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or
modifications available on this Website. |