AGREEMENT BETWEEN USER AND The Abbey Clinic
The The Abbey Clinic Web Site is comprised of various Web pages
operated by The Abbey Clinic.
The The Abbey Clinic Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the The Abbey Clinic Web Site
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
The Abbey Clinic reserves the right to change the terms,
conditions, and notices under which the The Abbey Clinic Web Site
is offered, including but not limited to the charges associated
with the use of the The Abbey Clinic Web Site.
LINKS TO THIRD PARTY SITES
The The Abbey Clinic Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control
of The Abbey Clinic and The Abbey Clinic is not responsible for the
contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked
Site. The Abbey Clinic is not responsible for webcasting or any
other form of transmission received from any Linked Site. The Abbey
Clinic is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by The Abbey
Clinic of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the The Abbey Clinic Web Site, you
warrant to The Abbey Clinic that you will not use the The Abbey
Clinic Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the The Abbey
Clinic Web Site in any manner which could damage, disable,
overburden, or impair the The Abbey Clinic Web Site or interfere
with any other party's use and enjoyment of the The Abbey Clinic
Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the The Abbey Clinic Web Sites.
USE OF COMMUNICATION SERVICES
The The Abbey Clinic Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
- Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents.
- Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of
another's computer.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The Abbey Clinic has no obligation to monitor the Communication
Services. However, The Abbey Clinic reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. The Abbey Clinic reserves the
right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
The Abbey Clinic reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in
The Abbey Clinic's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. The Abbey Clinic does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, The Abbey Clinic specifically disclaims any liability
with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and
hosts are not authorized The Abbey Clinic spokespersons, and their
views do not necessarily reflect those of The Abbey Clinic.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download
the materials.
MATERIALS PROVIDED TO The Abbey Clinic OR POSTED AT ANY
The Abbey Clinic WEB SITE
The Abbey Clinic does not claim ownership of the materials you
provide to The Abbey Clinic (including feedback and suggestions) or
post, upload, input or submit to any The Abbey Clinic Web Site or
its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your
Submission you are granting The Abbey Clinic, its affiliated
companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. The Abbey Clinic is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in The Abbey Clinic's sole
discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE The Abbey Clinic WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. The Abbey Clinic AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE The Abbey
Clinic WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE The Abbey
Clinic WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
The Abbey Clinic AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE The Abbey Clinic WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. The
Abbey Clinic AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL The Abbey Clinic AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE The Abbey Clinic
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE The Abbey Clinic
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE The Abbey Clinic
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE The Abbey
Clinic WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF The Abbey Clinic OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE The Abbey Clinic WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE The Abbey Clinic WEB SITE.
TERMINATION/ACCESS RESTRICTION
The Abbey Clinic reserves the right, in its sole discretion, to
terminate your access to the The Abbey Clinic Web Site and the
related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the The Abbey Clinic Web
Site. Use of the The Abbey Clinic Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and The Abbey Clinic as a result of
this agreement or use of the The Abbey Clinic Web Site. The Abbey
Clinic's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in
derogation of The Abbey Clinic's right to comply with governmental,
court and law enforcement requests or requirements relating to your
use of the The Abbey Clinic Web Site or information provided to or
gathered by The Abbey Clinic with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and The Abbey Clinic with respect to the The Abbey Clinic Web
Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the
user and The Abbey Clinic with respect to the The Abbey Clinic Web
Site. 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
to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the The Abbey Clinic Web Site are: Copyright
2009-10, The Abbey Clinic and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.