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Legal
1. Definitions.
"Parkhillfamilypractice.com Interactive" is the interactive on-line
service operated by Park Hill Family Practice, on the World Wide Web of the
Internet, consisting of information services and content provided by Park Hill
Family Practice, Parkhillfamilypractice.com, affiliates of Park Hill Family
Practice, and Parkhillfamilypractice.com and other third parties.
"Subscriber" means each person who establishes or accesses a
connection ("Account") for access to and use of Parkhillfamilypractice.com
Interactive and Park Hill Family Practice.
2. General.
(A) This agreement, which incorporates by reference other provisions applicable
to use of Parkhillfamilypractice.com Interactive and Park Hill Family Practice
including, but not limited to, supplemental terms and conditions set forth in
paragraph 13 hereof ("Supplemental Terms") governing the use of
certain specific material contained in Parkhillfamilypractice.com, and Park
Hill Family Practice sets forth the terms and conditions that apply to use of Parkhillfamilypractice.com
and Park Hill Family Practice by Subscriber. By using Parkhillfamilypractice.com
Interactive (other than to read this Agreement for the first time), Subscriber
agrees to comply with all of the terms and conditions hereof. The right to use Parkhillfamilypractice.com
interactive is personal to Subscriber and is not transferable to any other
person or entity. Subscriber is responsible for all use of Subscriber's Account
(under any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this Agreement.
Subscriber shall be responsible for protecting the confidentiality of
Subscriber's password(s), if any.
(B) Parkhillfamilypractice.com and Park Hill Family Practice shall have the
right at any time to change or discontinue any aspect or feature of Parkhillfamilypractice.com
interactive and Park Hill Family Practice including, but not limited to,
content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
Parkhillfamilypractice.com and Park Hill Family Practice shall have the right
at any time to change or modify the terms and conditions applicable to
Subscriber's use of Parkhillfamilypractice.com Interactive and Park Hill Family
Practice, or any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on Parkhillfamilypractice.com
and Park Hill Family Practice, or by electronic or conventional mail, or by any
other means by which Subscriber obtains notice thereof. Any use of Parkhillfamilypractice.com
and Park Hill Family Practice by Subscriber after such notice shall be deemed
to constitute acceptance by Subscriber of such changes, modifications or
additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of Parkhillfamilypractice.com
and Park Hill Family Practice, and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use Parkhillfamilypractice.com and Park Hill Family
Practice for lawful purposes only. Subscriber shall not post or transmit
through Parkhillfamilypractice.com and Park Hill Family Practice and any
material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without Parkhillfamilypractice.com
and Park Hill Family Practice's written express prior approval, contains
advertising or any solicitation with respect to products or services. Any
conduct by a Subscriber that in Parkhillfamilypractice.com and Park Hill Family
Practice's, discretion restricts or inhibits any other Subscriber from using or
enjoying Parkhillfamilypractice.com and Park Hill Family Practice will not be
permitted. Subscriber shall not use Parkhillfamilypractice.com and Park Hill
Family Practice to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of users to become subscribers of other
on-line information services competitive with Parkhillfamilypractice.com and Park
Hill Family Practice.
(B) Parkhillfamilypractice.com and Park Hill Family Practice contains
copyrighted material, trademarks and other proprietary information, including,
but not limited to, text, software, photos, video, graphics, music and sound,
and the entire contents of Parkhillfamilypractice.com and Park Hill Family
Practice are copyrighted as a collective work under the United
States copyright laws. Parkhillfamilypractice.com,
and Park Hill Family Practice owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original
to it. Subscriber may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the
express permission of Parkhillfamilypractice.com and Park Hill Family Practice
and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. Subscriber
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on Parkhillfamilypractice.com
and Park Hill Family Practice any material protected by copyright, trademark or
other proprietary right without the expressed written permission of the owner
of the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
Subscriber. Subscriber shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of Parkhillfamilypractice.com
and Park Hill Family Practice Subscriber automatically grants, or warrants that
the owner of such material has expressly granted Parkhillfamilypractice.com and
Park Hill Family Practice the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that may exist in such
material. Subscriber also permits any other Subscriber to access, view, store
or reproduce the material for that Subscriber's personal use. Subscriber hereby
grants Parkhillfamilypractice.com, and Park Hill Family Practice the right to
edit, copy, publish and distribute any material made available on Parkhillfamilypractice.com
Park Hill Family Practice by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of Parkhillfamilypractice.com
and Park Hill Family Practice its subsidiaries, affiliates and its third party
content providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF PARKHILLFAMILYPRACTICE.COM AND PARK
HILL FAMILY PRACTICE IS AT SUBSCRIBER'S SOLE RISK. NEITHER PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE. ALL ADVERTISERS AND AFFILIATES ASSOCIATED WITH
AND OR APPEARING ON PARKHILLFAMILYPRACTICE.COM AND PARK HILL FAMILY PRACTICE
INC. IS NOT IN ANY WAY AN ENDORSEMENT OF THEIR PRODUCTS AND OR SERVICES, TO WIT
PARKHILLFAMILYPRACTICE.COM AND PARK HILL FAMILY PRACTICE WILL NOT BE HELD
LEGALLY RESPONSIBLE FOR ANY AND ALL DAMAGES INCURRED BY THE SUBSCRIBER. UNDER
NO CIRCUMSTANCES MAY SUBSCRIBERS AND OR THIRD PARTY (AND SO FORTH) USERS, USE
OR MISREPRESENT PARKHILLFAMILYPRACTICE.COM AND PARK HILL FAMILY PRACTICE OR ANY
OF IT’S AFFILIATES, ASSOCIATIES AND OR ADVERTISERS IN/FOR MALICIOUS,
DARAGATORY, OR DAFAMATORY FORM OR FASHION OF ANY KIND.
(B) PARKHILLFAMILYPRACTICE.COM AND PARK HILL FAMILY PRACTICE IS PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL PARKHILLFAMILYPRACTICE.COM AND PARK HILL FAMILY PRACTICE,
OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE OR THE PARKHILLFAMILYPRACTICE.COM AND PARK HILL
FAMILY PRACTICE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PARKHILLFAMILYPRACTICE.COM
AND PARK HILL FAMILY PRACTICE NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN PARKHILLFAMILYPRACTICE.COM AND PARK HILL
FAMILY PRACTICE OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO
THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO
VERIFY PRICING OR OTHER INFORMATION. PARKHILLFAMILYPRACTICE.COM AND PARK HILL
FAMILY PRACTICE, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS
SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION
PROVIDED. NEITHER, PARKHILLFAMILYPRACTICE.COM AND PARK HILL FAMILY PRACTICE,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
7. Monitoring.
Parkhillfamilypractice.com and Park Hill Family Practice shall have the right,
but not the obligation, to monitor the content of Parkhillfamilypractice.com
and Park Hill Family Practice including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by Parkhillfamilypractice.com
and Park Hill Family Practice and to satisfy any law, regulation or authorized
government request. Parkhillfamilypractice.com and Park Hill Family Practice
shall have the right in its sole discretion to edit, refuse to post or remove
any material submitted to or posted on Parkhillfamilypractice.com and Park Hill
Family Practice. Without limiting the foregoing, Parkhillfamilypractice.com and
Park Hill Family Practice, shall have the right to remove any material that Parkhillfamilypractice.com
and Park Hill Family Practice in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless Parkhillfamilypractice.com
and Park Hill Family Practice, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of Parkhillfamilypractice.com
and Park Hill Family Practice, by Subscriber or Subscriber's Account.
9. Termination.
Either Parkhillfamilypractice.com and or Park Hill Family Practice, and or
Subscriber may terminate this Agreement at any time. Without limiting the
foregoing, Parkhillfamilypractice.com and Park Hill Family Practice shall have
the right to immediately terminate Subscriber's Account in the event of any
conduct by Subscriber which Parkhillfamilypractice.com and Park Hill Family
Practice, in its sole discretion, considers to be unacceptable, or in the event
of any breach by Subscriber of this Agreement. The provisions of Sections 5(B),
5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this
Agreement.
10. Trademarks.
Parkhillfamilypractice.com and Park Hill Family Practice and each of their
logos are trademarks of Parkhillfamilypractice.com and Park Hill Family
Practice, All rights reserved. All other trademarks appearing on Parkhillfamilypractice.com
and Park Hill Family Practice are the property of their respective owners.
11. Third Party Content.
Parkhillfamilypractice.com and Park Hill Family Practice is a distributor (and
not a publisher) of content supplied by third parties and Subscribers.
Accordingly, Parkhillfamilypractice.com and Park Hill Family Practice has no
more editorial control over such content than does a public library, bookstore,
or newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, Subscribers or any other user of Parkhillfamilypractice.com
and Park Hill Family Practice are those of the respective author(s) or
distributor(s) and not of Parkhillfamilypractice.com and Park Hill Family Practice.
Neither Parkhillfamilypractice.com and Park Hill Family Practice, nor any
third-party provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any
particular purpose. (Refer to Section 6 above for the complete provisions
governing limitation of liabilities and disclaimers of warranty.) In many
instances, the content available through Parkhillfamilypractice.com and Park
Hill Family Practice represents the opinions and judgments of the respective
information provider, Subscriber, or other user not under contract with Parkhillfamilypractice.com
and Park Hill Family Practice. Parkhillfamilypractice.com and Park Hill Family
Practice, neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on Parkhillfamilypractice.com and Park
Hill Family Practice by anyone other than authorized Parkhillfamilypractice.com
and Park Hill Family Practice employee spokespersons while acting in their official
capacities. Under no circumstances will Parkhillfamilypractice.com and Park
Hill Family Practice be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through Parkhillfamilypractice.com and Park
Hill Family Practice. It is the responsibility of Subscriber to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice or
other content available through Parkhillfamilypractice.com and Park Hill Family
Practice. Please seek the advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for Parkhillfamilypractice.com and Park
Hill Family Practice established by Parkhillfamilypractice.com and Park Hill
Family Practice, constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with all Federal and state laws,
without regard to its conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used herein are for
convenience only and shall not be given any legal import.
As set forth in the Parkhillfamilypractice.com and Park Hill Family Practice
Service Agreement which governs the use of Parkhillfamilypractice.com and Park
Hill Family Practice. Please be advised that neither, Parkhillfamilypractice.com
and Park Hill Family Practice nor its affiliates, information providers or
content partners shall be liable regardless of the cause or duration, for any
errors, inaccuracies, omissions, or other defects in, or untimeliness or
unauthenticity of, the information contained within Parkhillfamilypractice.com
and Park Hill Family Practice or for any delay or interruption in the
transmission thereof to the user, or for any claims or losses arising therefrom
or occasioned thereby. None of the foregoing parties shall be liable for any
third- party claims or losses of any nature, including, but not limited to,
lost profits, punitive or consequential damages.
Prior to the execution of a stock trade, you are advised to consult with your
broker or other financial representative to verify pricing or other
information. Parkhillfamilypractice.com and Park Hill Family Practice, its
affiliates, information providers or content partners shall have no liability
for investment decisions based on the information provided.
Neither, Parkhillfamilypractice.com and Park Hill Family Practice, nor its
affiliates, information providers or content partners warrant or guarantee the
timeliness, sequence, accuracy or completeness of this information.
Additionally, there are no warranties as to the results obtained from the use
of the information.
13. Copyright
Entire Site; trade mark, trade mark name (Parkhillfamilypractice.com,
Park Hill Family Practice), all name(s), contents, text, graphics, photos and
images © 2009 - 2018 Park Hill Family Practice, All Rights Reserved.
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