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One Call Medical, Inc. ("One Call Medical")
www.onecallmedical.com
- Introduction
This page states the terms and conditions ("Terms") under which you may use www.onecallmedical.com
(The "Web Site" or "Site"). (Please read this page carefully. If you do not accept
the Terms, do not use the Web Site). By using the Web Site, you are indicating
your agreement to be bound by the Terms. One Call Medical may revise the Terms
at any time by posting an update to this page. You should visit this page periodically,
because your continued use of the Site after we post changes to the Terms means
you accepted the changes. The terms "you" and "user" refer to all individuals and/or entities accessing the Web Site for
any reason.
You represent and warrant that you are of the legal age of consent in all applicable
jurisdictions and, in any event, are at least eighteen (18) years old.
- Use of Material
The contents of the Web Site, including, but not limited to, text, graphics,
sounds, images, and other material ("Material"), are owned by One Call Medical
and its third- party service providers ("Service Providers") and are protected
by the United States and foreign intellectual property laws. Unauthorized use
of the Material may violate copyright, trademark, and other laws.
One Call Medical authorizes you to view and download a single copy of the Material
on the Web Site solely for your own use, provided you retain all copyright and
other proprietary notices contained in the original Material on any copy you
make of the Material. You may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material in any way for any
public or commercial purpose. The Material may not be used on any other web site
or in a networked computer environment for any purpose.
You may not copy or adapt the HTML or other codes that One Call Medical uses
to generate its pages. This code is also protected by One Call Medical's copyright
and other intellectual property rights.
- Site Use
General Use: You may not use the Web Site in order to transmit, distribute, store
or destroy material (a) in violation of any applicable law or regulation, (b)
in a manner that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the privacy, publicity or other
personal rights of others, or (c) that is defamatory, obscene, threatening, abusive,
hateful, or otherwise objectionable, in our sole discretion.
Security Rules: You may not violate or attempt to violate the security of the
Web Site or use the Site to violate the security of other website by any method,
including, without limitation: (a) accessing data not intended for you or logging
into a server or account which you are not authorized to access, (b) attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization, (c) attempting
to interfere with service to any user of the Web Site, host or network, including,
without limitation, via means of submitting a virus to the Web Site, overloading, "flooding," "spamming," "mailbombing," or
"crashing" the Site, (d) sending unsolicited e-mail, including promotions and/or
advertising of products or services, or (e) forging any One Call Medical packet
header or any part of the header information in any e -mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability.
One Call Medical may investigate violations of the Terms and may involve and
cooperate with law enforcement authorities in prosecuting users who are involved
in such violations.
Specific Prohibited Uses: Without limitation, One Call Medical specifically prohibits
any use of the Web Site, and you may not use the Web Site, for any of the following:
- distributing or otherwise publishing, without our prior approval, any
material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services;
- soliciting other users of the site to join or become members of any online
or other service; or
- deleting or revising any material posted by any other person or entity.
Option to Remove: Any chat or bulletin board communications are public and not
private. Although we reserve the right to remove, without notice, any bulletin
board posting for any reason, we have no obligation to delete content you may
find objectionable or offensive.
- Trademarks
The following are trademarks or service marks of One Call Medical:
One Call Medical
The One Call Medical Logo
This list is not a comprehensive list of all One Call Medical's trademarks. The
absence of a trademark, product or service name or logo from this list does not
constitute a waiver of our trademark or other intellectual property rights concerning
that name or logo.
All other products, services, and company names mentioned in the Web Site may
be trademarks or service marks of their respective owners.
- Linking to the Web Site
If you would like to link to the Web Site, you must comply with the following.
A website that links to the Web Site:
- may link only to the home page of the Web Site (www.onecallmedical.com)
- should not frame or create a browser or border environment around the Web
Site;
- should not imply that One Call Medical is endorsing your website or your
products or services;
- should not misrepresent your relationship with One Call Medical;
- should not present false information about products or services on the
Site;
- should not use our trademarks or logos without prior permission from us;
and
- should not contain content that we might consider distasteful or offensive.
- Information
Please see One Call Medical's Privacy Policy for details regarding our use of
information collected from users of the Web Site.
- Submissions
Except as otherwise provided in the Privacy Policy, by submitting content to
the Web Site, including message boards, contests and chat rooms, you grant us
and our affiliates the royaltyfree, worldwide, perpetual, irrevocable, non-exclusive
right and license (including a waiver of any moral rights) to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content (in whole or in part)
and/or to incorporate it in other works in any form, media, or technology now
known or later developed, for the full term of any rights that may exist in such
content. You also warrant that the holder of any rights, including moral rights
has validly and irrevocably granted you the right to grant the license to us
stated above. You also permit any user of the Web Site to access, store, use,
display, and copy such content for personal use.
- One Call Medical's Liability
The Material may contain inaccuracies or typographical errors. We make no representations
about the accuracy, reliability, completeness, or timeliness of the Web Site
or the Material. The use of the Site and the Material is at your own risk. We
reserve the right, at our discretion, to modify, add, or remove portions of the
Site at anytime without notice.
You acknowledge and agree that you are solely responsible for the form, content,
and accuracy of any material you place on the Web Site.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY (A) THAT THE WEB
SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED,
(C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY
METHODS EMPLOYED WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY,
OR RELIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, ONE CALL MEDICAL DISCLAIMS ANY WARRANTIES
FOR SERVICES OR GOODS PROVIDED OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH
ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE
PROVIDED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such
jurisdictions, the foregoing disclaimers may not apply to you insofar as they
relate to implied warranties.
- Limitation of Liability and Remedies
THE MAXIMUM AGGREGATE LIABILITY OF ONE CALL MEDICAL UNDER ANY CONTRACTUAL, NEGLIGENCE,
STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE GREATER
OF (I) $1,000 OR (II) A REFUND OF PAYMENTS WE RECEIVED FROM YOU DURING THE THIRTY-DAY
PERIOD BEFORE THE DATE THE LIABILITY AROSE.
NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR
ANY OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS OR ANY HYPERLINKED
WEB SITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH
ANY LINKS PROVIDED ON THE WEB SITE.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions,
the foregoing limitation may not apply to you.
- Links to Other Sites
The Web Site may contain links to third party websites. These links are provided
solely as a convenience to you and not as an endorsement by us of the contents
on such third-party websites. We are not responsible for the content of linked
third -party sites and do not make any representations regarding the content,
suitability, or accuracy of materials on such third-party sites. If you decide
to access linked third-party sites, you do so at you your own risk.
One Call Medical cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from One
Call Medical because these sites are owned and operated by independent retailers.
We do not endorse any of the goods or services, nor have we taken any steps to
confirm the accuracy or reliability of any of the information contained in such
third-party sites. One Call Medical does not make any representations or warranties
as to the security of any information (including, without limitation, credit
card, and other personal information) you might be requested to give any third
party, and you hereby irrevocably waive any claim against us with respect to
such sites and activity. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online or off-line
transaction with any of these third parties.
- Termination
One Call Medical reserves the right, at its sole discretion and without liability
to you, to immediately terminate your ability to access the Web Site and/or any
other service we may provide to you, with or without cause. Without limiting
the foregoing, we may terminate your access if we learn you have provided false
or misleading information, interfered with other users or the administration
of our services, or otherwise not complied with any of the Terms.
- Indemnity
You shall indemnify and hold harmless One Call Medical, Service Providers, and
their respective officers, directors, employees and agents, from and against
any claims or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material or your breach of the
Terms, including (without limitation) any claim of infringement.
- General
One Call Medical makes no claims that the Material may be lawfully viewed or
downloaded outside of the United States. Access to the Materials may not be legal
by certain persons or in certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. The Terms are governed by the internal substantive
laws of the State of New Jersey, without respect to its conflict of law principles.
Jurisdiction of any claims arising under the Terms will lie exclusively with
the state or federal courts within the State of New Jersey, and you consent to
the exclusive personal jurisdiction of such courts if there is a dispute between
you and us. You may not institute any action in any form arising out of the use
of the Web Site, the Materials or the Terms more than eighteen (18) months after
the cause of action has arisen. If any of the Terms is found to be invalid by
any court having competent jurisdiction, that invalidity will not effect the
validity of the remaining Terms, which will remain in full force and effect.
No waiver of any Term will be deemed a further or continuing waiver of such provision
or any other provision. Except as expressly provided in the One Call Medical
Membership Agreement, or in another statement by One Call Medical on the Web
Site, the Terms constitute the entire agreement between you and us with respect
to the use of the Web Site. No changes to the Terms may be made except by a revised
posting by us on this page, and no waiver of any Term will be effective unless
it is in writing and signed by us.
- THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the One Call Medical Site, such as text, graphics, images, information
obtained from licensors, and other material contained on the One Call Medical
Site ("Content") are provided in summary form, are general in nature, and 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.
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