AGREEMENT
BETWEEN USER AND Central Florida Physicians
AllianceThe Central Florida
Physicians Alliance Web Site is comprised of
various Web pages operated by Central Florida
Physicians Alliance.
The Central Florida
Physicians Alliance Web Site is offered to you
conditioned on your acceptance without
modification of the terms, conditions, and
notices contained herein. Your use of the
Central Florida Physicians Alliance Web Site
constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF
USECentral Florida Physicians
Alliance reserves the right to change the terms,
conditions, and notices under which the Central
Florida Physicians Alliance Web Site is offered,
including but not limited to the charges
associated with the use of the Central Florida
Physicians Alliance Web Site.
LINKS TO THIRD PARTY
SITESThe Central Florida
Physicians Alliance Web Site may contain links
to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of Central
Florida Physicians Alliance and Central Florida
Physicians Alliance 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.
Central Florida Physicians Alliance is not
responsible for webcasting or any other form of
transmission received from any Linked Site.
Central Florida Physicians Alliance is providing
these links to you only as a convenience, and
the inclusion of any link does not imply
endorsement by Central Florida Physicians
Alliance of the site or any association with its
operators.
NO
UNLAWFUL OR PROHIBITED USEAs a
condition of your use of the Central Florida
Physicians Alliance Web Site, you warrant to
Central Florida Physicians Alliance that you
will not use the Central Florida Physicians
Alliance Web Site for any purpose that is
unlawful or prohibited by these terms,
conditions, and notices. You may not use the
Central Florida Physicians Alliance Web Site in
any manner which could damage, disable,
overburden, or impair the Central Florida
Physicians Alliance Web Site or interfere with
any other party's use and enjoyment of the
Central Florida Physicians Alliance 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 Central Florida Physicians Alliance
Web Sites.
USE OF
COMMUNICATION SERVICESThe Central
Florida Physicians Alliance 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.
Central Florida Physicians Alliance
has no obligation to monitor the Communication
Services. However, Central Florida Physicians
Alliance reserves the right to review materials
posted to a Communication Service and to remove
any materials in its sole discretion. Central
Florida Physicians Alliance reserves the right
to terminate your access to any or all of the
Communication Services at any time without
notice for any reason whatsoever.
Central
Florida Physicians Alliance 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 Central Florida Physicians Alliance's
sole discretion.
Always use caution when
giving out any personally identifying
information about yourself or your children in
any Communication Service. Central Florida
Physicians Alliance does not control or endorse
the content, messages or information found in
any Communication Service and, therefore,
Central Florida Physicians Alliance 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
Central Florida Physicians Alliance
spokespersons, and their views do not
necessarily reflect those of Central Florida
Physicians Alliance.
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 Central Florida Physicians Alliance
OR POSTED AT ANY Central Florida Physicians
Alliance WEB SITECentral Florida
Physicians Alliance does not claim ownership of
the materials you provide to Central Florida
Physicians Alliance (including feedback and
suggestions) or post, upload, input or submit to
any Central Florida Physicians Alliance Web Site
or its associated services (collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting your
Submission you are granting Central Florida
Physicians Alliance, 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.
Central Florida Physicians Alliance is under no
obligation to post or use any Submission you may
provide and may remove any Submission at any
time in Central Florida Physicians Alliance'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
DISCLAIMERTHE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Central Florida Physicians
Alliance WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Central Florida
Physicians Alliance AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE Central
Florida Physicians Alliance WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Central Florida
Physicians Alliance 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.
Central
Florida Physicians Alliance 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
Central Florida Physicians Alliance 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. Central Florida Physicians Alliance
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
Central Florida Physicians Alliance 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
Central Florida Physicians Alliance WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE Central
Florida Physicians Alliance 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 Central Florida Physicians Alliance
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE Central Florida Physicians Alliance WEB
SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF Central Florida Physicians Alliance 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 Central Florida Physicians
Alliance WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Central Florida Physicians
Alliance WEB SITE.
SERVICE CONTACT :
webmaster@cfpalliance.com
TERMINATION/ACCESS
RESTRICTIONCentral Florida
Physicians Alliance reserves the right, in its
sole discretion, to terminate your access to the
Central Florida Physicians Alliance 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 Central Florida
Physicians Alliance Web Site. Use of the Central
Florida Physicians Alliance 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 Central Florida
Physicians Alliance as a result of this
agreement or use of the Central Florida
Physicians Alliance Web Site. Central Florida
Physicians Alliance's performance of this
agreement is subject to existing laws and legal
process, and nothing contained in this agreement
is in derogation of Central Florida Physicians
Alliance's right to comply with governmental,
court and law enforcement requests or
requirements relating to your use of the Central
Florida Physicians Alliance Web Site or
information provided to or gathered by Central
Florida Physicians Alliance 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 Central Florida Physicians Alliance
with respect to the Central Florida Physicians
Alliance Web Site and it supersedes all prior or
contemporaneous communications and proposals,
whether electronic, oral or written, between the
user and Central Florida Physicians Alliance
with respect to the Central Florida Physicians
Alliance 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 Central Florida Physicians
Alliance Web Site are: ©2008 Central Florida
Physicians Alliance, Inc. - Designed by
HoBITS.com and/or its suppliers. All rights
reserved.
TRADEMARKSThe 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
INFRINGEMENTPursuant 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.