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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING (www.vafreeclinics.org) WEBSITE, HEREFORTH
REFERRED TO AS “THE SITE”.
BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. (COMPANY
NAME) MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights
and trademarks are (The Virginia Association of Free Clinics), its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions
of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree
to grant to (The Virginia Association of Free Clinics) a non-exclusive, royalty-free, worldwide,
sub licensable, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to (The Virginia Association of Free Clinics) by all
means and in any media now known or hereafter developed. You also grant
to (The Virginia Association of Free Clinics) the
right to use your name in connection with the submitted materials and
other information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall
have no recourse against (The Virginia Association of Free Clinics) for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to (The Virginia Association of Free Clinics).
2. Trademarks.
(List brand names and trademarks) and/or any other names belonging
to (The Virginia Association of Free Clinics), or its Web sites, seminars, conferences, events,
trade shows, publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or service marks
of (The Virginia Association of Free Clinics), including the "look" and "feel" of
the Site, color combinations, layout, and all other graphical elements.
Any use of (The Virginia Association of Free Clinics) trademarks is strictly prohibited without the
express permission from (The Virginia Association of Free Clinics). Other product and The Virginia Association of Free Clinicss
mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by (The Virginia Association of Free Clinics), (The Virginia Association of Free Clinics) does
not operate, control or endorse any information, products or services
on the Internet in any way. Except for (The Virginia Association of Free Clinics) identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by
third parties that are not affiliated with (The Virginia Association of Free Clinics). You also understand
that (The Virginia Association of Free Clinics) cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
(The Virginia Association of Free Clinics) offers
a search feature within the Site. (The Virginia Association of Free Clinics) explicitly disclaims
any responsibility for the content or availability of information contained
in our search index or directory. (The Virginia Association of Free Clinics) also disclaims
any responsibility for the completeness or accuracy of any directory
or search result.
In connection with your
use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images,
or other content ("Material") that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable that may invade another's right
of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an
(The Virginia Association of Free Clinics) official, forum leader, guide or host or falsely state
or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations
or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely
affects the availability of its resources to other users (e.g., excessive
shouting, use of all caps, or flooding continuous posting of repetitive
text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume information
such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar
navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe,
unsubscribe, or attempt to unsubscribe, any party for any (Company
Name) product
or service if you are not expressly authorized by such party to do
so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. (The Virginia Association of Free Clinics) PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND (The Virginia Association of Free Clinics) SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. (The Virginia Association of Free Clinics) HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL(The Virginia Association of Free Clinics) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
(The Virginia Association of Free Clinics) OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, (The Virginia Association of Free Clinics) LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless (The Virginia Association of Free Clinics), its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Site from and against all losses,
expenses, damages and costs, including attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful conduct)
by you or your use and access of the Site.
(The Virginia Association of Free Clinics) reserves the right to release current or past member
or Web site user information if (The Virginia Association of Free Clinics) believes that a member’s
account is being used to commit unlawful acts, if the information is subpoenaed
and/or if (The Virginia Association of Free Clinics) deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of (The Virginia Association of Free Clinics) and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Site. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly against you on
its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third
Party Rights) and 11 (Miscellaneous) shall survive any termination of
this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. 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.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the 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 third party. You agree that (The Virginia Association of Free Clinics) shall not be
responsible or liable for any loss, damage or other matters of any sort
incurred as the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-(The
Virginia Association of Free Clinics) Internet World Wide Web sites or resources. Because (The
Virginia Association of Free Clinics) has no control over such sites and resources, you acknowledge
and agree that (The Virginia Association of Free Clinics) 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 (The Virginia Association of Free Clinics) 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.
11. Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of the State of Virginia, United States applicable
to agreements made and to be performed in the State of Virginia,
United States. You agree that any legal action or proceeding between
(The Virginia Association of Free Clinics) and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting
in the County of Henrico, State of Virginia,
United States.
Any cause of action or claim you may have with respect
to the Site must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
(The Virginia Association of Free Clinics) failure
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. (The Virginia Association
of Free Clinics) may
assign its rights and duties under this Agreement to any party at any
time without notice to you.
Any rights not expressly granted herein are
reserved.
Some of the information on this Web site may contain projections
or other forward-looking statements regarding future events or the future
financial performance of (The Virginia Association of Free Clinics). We wish to caution you that
these statements are only predictions and that the actual events or results
may differ materially. |
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