Terms of Service
The AsthmaSelfHelp.com Web Site (the "Site")
is an
online information service provided by WebDivaz ("AsthmaSelfHelp.com
"), subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS
DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE.
AsthmaSelfHelp.com MAY MODIFY THIS AGREEMENT
AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions. The
entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
AsthmaSelfHelp.com, its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to AsthmaSelfHelp.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by e-mail to
AsthmaSelfHelp.com by all means and in any media now known or hereafter
developed. You also grant to AsthmaSelfHelp.com the right to use your
name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no
recourse against AsthmaSelfHelp.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to AsthmaSelfHelp.com.
TRADEMARKS. Publications, products, content
or
services referenced herein or on the Site are the exclusive trademarks
or servicemarks of AsthmaSelfHelp.com. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site. You understand that,
except
for information, products or services clearly identified as being
supplied by AsthmaSelfHelp.com, AsthmaSelfHelp.comdoes not operate,
control or endorse any information, products or services on the
Internet in any way. Except for AsthmaSelfHelp.com- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
AsthmaSelfHelp.com a. You also understand that AsthmaSelfHelp.com
cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
AsthmaSelfHelp.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND AsthmaSelfHelp.com SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. AsthmaSelfHelp.com DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE
OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS
AT YOUR RISK. AsthmaSelfHelp.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY
IN NO EVENT WILL AsthmaSelfHelp.com BE
LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF AsthmaSelfHelp.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
AsthmaSelfHelp.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW. AsthmaSelfHelp.com
makes no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When you
access a non-AsthmaSelfHelp.com web site, please understand that it is
independent from AsthmaSelfHelp.com, and that AsthmaSelfHelp.com has no
control over the content on that web site. In addition, a link to a
AsthmaSelfHelp.com web site does not mean that AsthmaSelfHelp.com
endorses or accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification. You agree to indemnify,
defend
and hold harmless AsthmaSelfHelp.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct)
by you or any other person accessing the Service.
4. Third Party Rights. The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the
benefit of AsthmaSelfHelp.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on
its own behalf.
5.Term; Termination. This Agreement may be
terminated by either party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous. This Agreement shall all be
governed and construed in accordance with the laws of Gwinnett
County, Georgia, United States of America applicable to
agreements
made and to be performed in The United States of America. You agree
that any legal action or proceeding between AsthmaSelfHelp.com and you
for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a Georgia state court of
competent jurisdiction sitting in The United States of America . Any
cause of action or claim you may have with respect to the Service must
be commenced within 90 Days after the claim or cause of action arises
or such claim or cause of action is barred. AsthmaSelfHelp.com's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
AsthmaSelfHelp.com may assign its rights and duties under this
Agreement to any party at any time without notice to you. Any rights
not expressly granted herein are reserved.
COPYRIGHT NOTICE.© 1999-2006
PriorityDigital.com, Prepared for: AsthmaSelfHelp.com, All
rights reserved worldwide.
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