| Terms of Use
READ THE FOLLOWING TERM AND
CONDITIONS
CAREFULLY BEFORE USING THIS SITE.
BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ
THESE TERMS OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND
BY THE AGREEMENT.
COPYRIGHT
NOTICE. Copyright 2006 CureOnDoor.com, All Rights Reserved.
TRADEMARK
NOTICE
"CureOnDoor.com", "CureOnDoor.com", the CureOnDoor.com, logo, and
"MediaMixNetwork.com" are trademarks and/or service marks of
CureOnDoor.com or Others. Unless otherwise noted on the Site, all other
trademarks, service marks, and logos used in this Site are the
trademarks, service marks or logos of their respective owners.
LICENSE
GRANT
& OWNERSHIP BY CureOnDoor.com
License. Subject to the terms and conditions of this Agreement, and
until termination of the Agreement, CureOnDoor.com grants you a
non-exclusive, non-transferable, limited license to view or print the
Content in this Site without alterations, for personal, non-commercial
use only. This limited license does not apply to any media or platform
other than that of the current Site.
Ownership. All Content on the Site
is
(and shall continue to be) owned exclusively by CureOnDoor.com or
Others, and is protected under applicable copyrights, patents,
trademarks, trade dress, and/or other proprietary rights, and the
copying, redistribution, use or publication by you of any such Content
or any part of the Site is prohibited. Under no circumstances will you
acquire any ownership rights or other interest in any Content by or
through your Site Use.
RESTRICTIONS
ON USE
Prohibited Acts. Concerning your Site Use or any Content, you agree not
to knowingly: (i) use any device, software or technique to interfere
with or attempt to interfere with the proper working of the Site; (ii)
post or transmit to the Site any unlawful, fraudulent, harassing,
libelous, or obscene Information of any kind; (iii) post or send to the
Site any Information that contains a virus, bug, or other harmful item;
(iv) publish, perform, distribute, prepare derivative works, copy,
reverse engineer, or use the Content (other than as expressly permitted
herein); (v) post or transmit into or on the Site any Information in
violation of another party's copyright or intellectual property rights;
(vi) take any action which imposes an unreasonable or
disproportionately large load on CureOnDoor.com's infrastructure; (vii)
redeliver any of the Content using "framing", hyperlinks, or other
technology without CureOnDoor.com's express written permission; or,
(viii) use any device or technology to provide repeated automated
attempts to access password-protected portions of the Site.
Right to Regulate &: Law
Compliance. You acknowledge that CureOnDoor.com has the right, but no
obligation, to monitor the Site and to disclose any Information
necessary to operate the Site, to protect CureOnDoor.com, Others, and
CureOnDoor.com's customers, and to comply with legal obligations or
governmental requests. CureOnDoor.com reserves the right to refuse to
post or to remove any Information on the Site, in whole or in part, for
any reason. Law Compliance. You agree to comply with all governmental
laws, statutes, ordinances, and regulations (including unfair
competition, anti-discrimination or false advertising) regarding your
Site Use.
YOUR
SITE USE
ACTIVITIES
Password-Protected Areas. If you are allowed access to
password-protected areas of the Site, you agree to keep your password
confidential, to send Notice to CureOnDoor.com within 24 hours if your
password is compromised. You acknowledge that CureOnDoor.com neither
endorses nor is affiliated with any Linked-Site and is not responsible
for any information that appears on the Linked-Site. You acknowledge
that (i) the internet is a network of computers worldwide, and that any
Information submitted by you to CureOnDoor.com necessarily is routed
via third party computers to CureOnDoor.com, (ii) CureOnDoor.com is not
responsible for lapses in online security and does not assume liability
for improper use of your Information by a third party.
SUBMISSIONS
OF
INFORMATION BY YOU
Grant of License to CureOnDoor.com. If you submit Information to the
Site, you grant CureOnDoor.com a nonexclusive, worldwide, royalty-free
license to (in any media now known or not currently known or invented)
link to, utilize, use, copy, exploit, and prepare derivative works of
the submitted Information. No Information you submit shall be deemed
confidential. However, CureOnDoor.com agrees to use your Information in
accordance with CureOnDoor.com's Privacy Policy applicable to
personally identifiable user data. YOU RETAIN OWNERSHIP OF ANY
COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY
INFORMATION YOU SUBMIT TO CureOnDoor.com.
APPLICABILITY
& COOPERATION
CureOnDoor.com reserves the right to limit the provision of any product
or service to any person, geographic area or jurisdiction as it so
desires, or as required by law. CureOnDoor.com in its sole discretion
may add, delete or change the Content at any time, without notice to
you.
RESTRICTED
RIGHTS & EXPORT CONTROLS
Government Use. You acknowledge and agree to comply with all U.S. laws,
regulations and requirements applicable to the export of U.S. origin
products and technology.
LIMITED
WARRANTY AND DISCLAIMER
DISCLAIMER OF WARRANTY. CureOnDoor.com AND ALL CONTENT PROVIDERS MAKE
NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS
SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT
PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM
ALL WARRANTIES BY CureOnDoor.com RELATING TO YOUR SITE USE. YOU
ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF
INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS,
TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE
SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES WILL ANY OF THE CONTENT PROVIDERS BE LIABLE OR
RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
(INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR
THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR
SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR
CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional
rights under certain laws (including consumer laws) which do not allow
the exclusion of implied warranties, or the exclusion or limitation of
certain damages. If these laws apply to you, the exclusions or
limitations in this Agreement that directly conflict with such laws may
not apply to you.
FORWARD-LOOKING
STATEMENTS.
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 Company. We wish to caution you that these
statements are only predictions and that actual events or results may
differ materially. These documents contain and identify important
factors that could cause actual results to differ materially from those
contained in our projections or forward-looking statements.
MISCELLANEOUS
Location & Interpretation. The language in this Agreement shall
be interpreted as to its fair meaning and not strictly for or against
any party.
Equitable Relief. You acknowledge
that
any breach by you of the provisions of the Agreement will cause
irreparable damage to CureOnDoor.com or Others and that a remedy at law
will be inadequate. Therefore, in addition to any and all other legal
or equitable remedies, CureOnDoor.com and Others will be entitled to
injunctive relief for any breach of this Agreement.
Severability. In the event that any
of
the provisions of this Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary so that
this Agreement shall otherwise remain in full force and effect and
enforceable.
Complete Integration. This
Agreement
constitutes the entire agreement between you and CureOnDoor.com
pertaining to the subject matter hereof. You agree to review this
Agreement prior to any Site Use, and each Site Use by you shall
constitute and be deemed your unconditional acceptance of this
Agreement. This Agreement may be prospectivly modified by
CureOnDoor.com, by posting a revised Agreement on the Site.
Termination. The Agreement may be
terminated by either Party, in its sole and absolute discretion, at any
time and for any reason (with or without cause), with or without
notice. If the Agreement is terminated, you agree to cease all Site Use
and, upon request by CureOnDoor.com, to return all Information in your
possession relating to the Site, and all copies thereof.
Survival of Certain Provisions. Any
and all provisions or obligations contained in this Agreement which by
their nature or effect are required or intended to be observed, kept or
performed after termination of this Agreement will survive the
termination of this Agreement and remain binding upon and for the
benefit of the parties, their successors and permitted assignees.
Waiver. No delay or omission to
exercise any right or remedy accruing to CureOnDoor.com upon any breach
or default by you shall constitute a waiver by CureOnDoor.com of any
breach or default.
Headings. All article or section
headings, or exhibit names, are for reference and convenience only and
shall not be considered in the interpretation of the Agreement.
No Agency. You and CureOnDoor.com
are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
Conflicts. If this Agreement
conflicts
with a provision of any other contract between you and CureOnDoor.com
relating to the Site, the provision in such other Agreement shall
govern.
GLOSSARY
The following terms, when used in this Agreement, shall have the
following meanings.
"Content". The term "Content"
means
all Information, data, or other material, in any form or media,
contained in, obtained from, or relating to the Site, including all
results obtained from the Site.
"Content Providers". The term "Content Providers" means both
CureOnDoor.com and Others.
"Information". The phrase
"Information" includes all data, information, documents, files,
personally-identifying information, and software disclosed by one party
to the other in connection with the Site or your Site Use.
"Linked-Site". A "Linked-Site"
means
any internet site (including all information, data, and content
thereon) that is linked to the Site, but not owned by CureOnDoor.com.
"Notice". The phrase "Notice"
refers
to the sending of Information by you to CureOnDoor.com via certified
mail, return receipt requested, to CureOnDoor.com at the address noted
in section 10 above.
"Others". The terms "Others"
means
CureOnDoor.com's direct or indirect licensors, CureOnDoor.com's
affiliates, or other contributors to the Site (other than
CureOnDoor.com).
"Privacy Policy". The phrase
"Privacy
Policy" refers to CureOnDoor.com's official published privacy policy,
if any, describing CureOnDoor.com's intended uses of your personally
identifiable Information.
"Site". The term "Site" means any
CureOnDoor.com internet site, page (and all sub-pages), uniform
resource locator ("URL"), domain location, and all Information and
Content thereon.
"Site Use". The term "Site Use"
means
your use of or access to the Site.
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