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Web Site Use Agreement and Copyright Notice
This Internet Web Site Use Agreement (the
"Agreement") is between you and Weis Chiropractic (the "Company") with
offices at 10671 McSwain Drive, Cincinnati, Ohio, 45241. Your use of the Company
Internet Web Site (the "Web Site") is subject to the following terms and
conditions of use:
(1) YOU AGREE TO READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Use of the Web Site
signifies your unconditional agreement to the terms and conditions of this
Agreement. If you do not agree to these terms and conditions of use, do not
access or otherwise use this Web Site.
(2) The Company may gather, process and use
information and materials received from you (e.g., name, physical address,
e-mail address) or collected through your use of the Web Site for any lawful
reason or purpose.
(3) The Company reserves the right, at its sole
discretion, from time to time to change, modify, add or remove any portion of
this Agreement, in whole or in part, at any time. Notification of changes in the
Agreement will be posted on the Web Site.
(4) The Web Site is protected by one or more
copyrights pursuant to U.S. copyright laws, international conventions and other
intellectual property laws. You will abide by any and all copyright notices,
trademark notices, ownership information or restrictions contained in any
Content on the Web Site. You may download and make copies of the Content and
other downloadable items displayed on this Web Site, provided that you maintain
all copyright and other notices contained in such Content. Copying or storing of
any Content on the Web Site for reproduction, redistribution or publication to
third parties for commercial purposes is expressly prohibited without prior
written permission from the Company. All rights to the Company's copyrighted
materials not expressly granted herein are reserved by the Company.
(5) The Company, at its sole discretion, may
change, suspend or discontinue any aspect of the Web Site at any time, including
the availability of any Web Site feature, database or Content. Company may also
impose limits on certain features and services or restrict your access to parts
or all of the Web Site without notice or liability.
(6) You represent, warrant and covenant that
you shall not upload, post or transmit to or distribute or otherwise publish
through the Web Site any materials which: (i) restrict or inhibit any other user
from using and enjoying the Web Site; (ii) are unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic, profane,
sexually explicit or indecent; (iii) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law or governmental regulation; (iv) violate, plagiarize or infringe the
rights of third parties including, without limitation, copyright, trademark,
patent, rights of privacy or publicity or any other proprietary right; (v)
contain a virus or other harmful or destructive elements; (vi) contain any
information, software or other material of a commercial nature; (vii) contain
advertising of any kind; or (viii) constitute or contain false or misleading
indications of origin or statements of fact.
(7) You hereby agree to defend, indemnify and
hold harmless the Company, and all its officers, directors, agents, employees,
information providers, affiliates, licensors and licensees from and against any
and all liabilities, claims, penalties, losses, damages, cost and expense
(including court costs and reasonable attorney's fees, interest expense and
amounts paid in compromise or settlement), suits or actions arising out of or
resulting from any breach by you of this Agreement, including the foregoing
representations, warranties and covenants. You shall cooperate as fully as
reasonably required in the defense of any claim.
(8) The Web Site may contain hypertext links
and pointers to the other World Wide Web Internet sites and resources operated
and controlled by parties other than the Company. Links to and from the Web Site
to such third party sites do not imply or constitute an endorsement by the
Company of any third party material or contents.
(9) The Company does not represent or endorse
the accuracy or reliability of any advice, opinion, statement or other
information displayed or distributed through the Web Site. You acknowledge that
any reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. The Company reserves the right, in its
sole discretion, to correct any errors or omissions in any portion of the Web
Site.
(10) The Company reserves the right at all
times to disclose any information as necessary to satisfy any law, regulation or
government request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in the Company's sole discretion are
objectionable or in violation of this Agreement.
(11) THE COMPANY WEB SITE, INCLUDING ALL
CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF
ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED
THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT
CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE
CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE,
INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE
OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, AND THEREFORE THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
(12) Some comments and information on the WEB
Site may be based upon the Company's management's current expectations,
estimates and/or projections about the Company's markets and industries. These
statements about the Company are forward-looking statements which are not
guarantees of future performance and involve certain risks, uncertainties and
assumptions that are difficult to predict. Therefore, actual outcomes and
results may differ from what is expressed or forecasted. Among the factors that
could cause actual results to differ are uncertainties in competitive pricing
pressures, general domestic and international economic conditions and market
demand.
(13) By posting messages, uploading files,
inputting data or engaging in any other form of communication (individually or
collectively "Communications") to the Web Site, you hereby grant to the Company
a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free
license to use, copy, license, sublicense, adapt, distribute, display, publicly
perform, reproduce, transmit, modify, edit and otherwise fully exploit such
Communications, in all media now known or hereafter developed. You hereby waive
all rights to any claim against the Company for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights and rights of attribution in connection with such Communications.
(14) You acknowledge that Communications
involving the Web Site are not confidential and that Communications may be read
or intercepted by others. You acknowledge that by submitting Communications to
the Company, no confidential, fiduciary, contractually implied or other
relationship is created between you and the Company other than pursuant to this
Agreement.
(15) THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO
CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND
EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING
TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE
STATE OF OHIO.
(16) The Company has a long standing policy
that does not allow it to accept or consider creative ideas, suggestions or
materials other than those which have been specifically requested or otherwise
affirmatively solicited by the Company in writing. It is the intent of this
policy to avoid possible misunderstandings as to the ownership of creative
ideas, concepts, suggestions or materials. If you send any creative materials,
suggestions, ideas, notes, drawings, concepts or other information (collectively
known as the "Information") to the Company in printed form, electronic means or
otherwise, the Information shall be deemed to be the property of the Company and
shall not be subject to any obligations of confidence, non-disclosure or
non-usage. The Company is hereby entitled to unrestricted usage of the
Information on a worldwide basis without compensation to the provider of the
Information.
(17) This Agreement constitutes the entire
agreement between the Company and you with respect to your use of and access to
the Web Site. This Agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you
and the Company with respect to the Web Site. Use of the Web Site is
unauthorized in any jurisdiction that does not give effect to all of the terms
and conditions of this Agreement. Any cause of action you may have with respect
to your use of and access to the Web Site must be commenced within one (1) year
after the claim or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of this Agreement, or portion
thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give legal effect to the intent of the Agreement,
and the remainder of this Agreement shall continue in full force and effect. A
printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement or the Web Site to the same extent and subject to the
same conditions as other business documents and records generated and maintained
in printed form by the Company. The failure of the Company to enforce any
provision of this Agreement shall not be deemed a waiver of such provision nor
bar the Company's right to enforce the provision.
(18) The contents of the Weis Chiropractic web
site, such as text, graphics, images, information obtained from our licensors or
associate organizations, and other material contained on the site ("Content")
are for informational purposes only. The Content is not intended to be a
substitute for professional medical advice, diagnosis, or treatment. Always seek
the advice of your physician or other qualified health provider with any
questions you may have regarding a medical condition. Never disregard
professional medical advice or delay in seeking it because of something you have
read on this site!
If you think you may have a medical emergency,
call your doctor or 911 immediately. Weis Chiropractic does not recommend or
endorse any specific tests, physicians, products, procedures, opinions, or other
information that may be mentioned on the Site. Reliance on any information
provided by Weis Chiropractic, Weis Chiropractic employees, others appearing on
the Site at the invitation of Weis Chiropractic, or other visitors to the Site
is solely at your own risk.
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