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Terms of Use for Visitors to
Ayres Chiropractic & Sports Injury Center's Web Site
I. Acceptance of Terms of
Use
PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Ayres
Chiropractic & Sports Injury Center ("Service Provider") provides
complimentary Internet-based communications and information services
to you. By visiting this Web site, you are agreeing to abide by
these Terms of Use without modification, and as such terms may be
modified from time to time by Service Provider. If you do not agree
to these Terms of Use, please do not visit, browse, or register on
Service Provider's Web site. Your continued use of Service
Provider's Web site will signify your acceptance of any change in
the terms and conditions set forth herein. Service Provider may
change the Terms of Use at any time and therefore you are advised to
consult the Terms of Use each time you visit Service Provider's Web
site.
II. Information Contained
on this Web Site
The content on this Web site
is presented in summary form, is general in nature, and is provided
for informational purposes only. The content is not intended to be
medical advice and is not intended in any way to be a substitute for
professional medical advice. Always seek the advice of your
physician or other qualified health provider with any questions you
may have regarding a medical condition or a treatment. Neither the
content nor any other service offered by or through Service Provider
or this Web site is intended to be relied on for medical diagnosis
or treatment. Never disregard medical advice or delay in seeking it
because of something you have read on this Web site. You understand
further that the Internet contains unedited materials some of which
are sexually explicit and may be offensive to you. In addition, you
understand that information on this Web site may contain
inaccuracies or typographical errors. You access this material at
your own risk. Service Provider, its licensors and its suppliers
have no control over and accept no responsibility whatsoever for
such materials. The text, graphics, images, products, programs and
other material including software licensed by this Web site
contained on this Web site ("Content") may be changed, updated or
discontinued at any time without notice to you. Products and pricing
displayed or offered on this site may be changed or discontinued at
any time without notice to you. You agree that Service Provider, its
licensors, and its suppliers do not guarantee the availability of
any offer made on this site.
III. Proprietary and
Copyright Information
Upon acceptance of these Terms
of Use, Service Provider authorizes you to view or download a single
copy of the material on this Web site solely for your personal,
noncommercial use. Special rules may apply to the use of certain
software and other items provide on this Web site. Any such special
rules are listed as "Legal Notices" on this Web site and are
incorporated into these Terms of Use by reference. The Content is
protected by copyright under both United States and foreign laws,
and title to the Content shall not pass to you or any other User.
Unauthorized use of the Content may violate copyright, trademark,
and other laws. None of the Content may be reverse-engineered,
disassembled, decompiled, reproduced, transcribed, stored in a
retrieval system, translated into an language or computer language,
re-transmitted in any form or by any means (electronic, mechanical,
photo reproduction, recordation or otherwise), resold or
redistributed without the prior written consent of Service Provider,
except that you may reproduce limited excerpts of the data for
personal use only, provided that each such copy contains a copyright
notice as follows:
Copyright © [2000], Ayres Chiropractic & Sports Injury Center.
All rights reserved.
For information obtained from Service Provider licensors, you are
solely responsible for compliance with any copyright, trademark and
other proprietary rights and restrictions and are referred to the
publication data appearing in bibliographic citations, as well as to
the copyright notices appearing in the original publications. You
may not sell or modify the Content or reproduce, display, publicly
perform, distribute or otherwise use the Content in any way for any
public or commercial purpose. The use of the Content on any other
Web site or in a networked computer environment for any purpose is
prohibited. Content is subject to change without notice at the
editorial discretion of Service Provider. If you violate any of
these Terms of Use, your permission to use the Content automatically
terminates and you must immediately destroy any copies you have made
of any portion of the Content.
IV. Links
Service Provider's Web site
may provide, or third parties may provide, links to other Web sites
or resources. Because Service Provider has no control over such Web
sites and resources, you acknowledge and agree that Service Provider
is not responsible for the availability of such external Web sites
or resources and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or
available from such Web sites or resources. You further acknowledge
and agree that none of Service Provider, its licensors or suppliers
shall be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such Web site or resource.
V. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
A. YOUR USE OF SERVICE PROVIDER'S WEB SITE IS AT YOUR RISK. THIS WEB
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EACH OF
SERVICE PROVIDER, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. EACH OF SERVICE PROVIDER, ITS LICENSORS AND SUPPLIERS MAKE NO
WARRANTY THAT (i) THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iii) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR
EXPECTATIONS.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS OF USE.
VI. Liability
YOU EXPRESSLY UNDERSTAND THAT
IN NO EVENT WILL SERVICE PROVIDER, ITS LICENSORS OR SUPPLIERS BE
LIABLE TO YOU OR ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES
WHATSOEVER FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER
HYPER-LINKED WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, GOODWILL, USE,
PROFITS, OR OTHER INTANGIBLE LOSSES ON YOUR INFORMATION HANDLING
SYSTEM, OR OTHERWISE, EVEN IF SERVICE PROVIDER, ITS LICENSORS OR
SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VII. Exclusions and
Limitations
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
VIII. Indemnity
You agree to defend, indemnify
and hold each of Service Provider, its officers, directors,
employees, agents, licensors and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements
including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from, your use of the Content
(including software). Service Provider shall provide notice to you
promptly of any such claim, suit, or proceeding and shall reasonably
cooperate with you, at your expense, in your defense of any such
claim, suit or proceeding.
IX. General Information
These terms of use constitute
the entire agreement between you and Service Provider and govern
your use of this Web site, superseding any prior agreements between
you and Service Provider. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. These Terms of Use and
the relationship between you and Service Provider shall be governed
by the laws of the State of New York without regard to its conflict
of law provisions. You and Service Provider agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Manhattan, New York. The failure of Service Provider to
exercise or enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision. If any
provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of these Terms
of Use remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Web site of these Terms of
Use must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in these Terms of Use are for convenience only
and have no legal or contractual effect.
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