Arlington Medical
Resources Terms of Use and Copyright Policy
Arlington Medical Resources'
Web product is an online information and communication service (the
"Service"), provided by Arlington Medical Resources, Inc.
("Arlington Medical Resources") to its client subscribers
("Client") of the Service ("collectively a "User").
You must agree to all of the terms and conditions contained in this Agreement
to become a User, and continued acceptance of this Agreement is a condition of
Right to Use.
Changed
terms.
Arlington Medical
Resources may change or discontinue any aspect of the Service at any time,
including its content or features. Arlington Medical Resources reserves the
right to change the terms and conditions applicable to use of the Service. Such
changes shall be effective immediately upon notice, which may be given by the
means set forth below. Use of the Service after such notice shall be deemed to
constitute acceptance by User of such changes.
Right
to use requirements.
User must inform Arlington
Medical Resources promptly of changes in enrollment information, including
change of address or change of billing address.
A user may not resell, assign, or transfer his or her Right to Use. A User agrees to pay all subscription fees and surcharges incurred while using any supplemental services and other charges incurred by the User or on the User's account, including applicable taxes, at the rates in effect during the billing period in which the charges were incurred. Arlington Medical Resources reserves the right to change the charges, effective upon 30 days' notice to its Users.
If a User believes that his
or her password or means of access to the Service has been disclosed to a third
party, the User should promptly inform Arlington Medical Resources. Until
Arlington Medical Resources is notified, the User will remain responsible for
any unauthorized use of the User's account
Term.
A Client subscriber's Right to
Use is for one year and shall automatically renew for additional one-year
periods, unless Arlington Medical Resources receives notice of the User's
intention to terminate at least 30 days prior to the expiration date. This
Agreement may be cancelled by either party only for failure to perform its
terms, and then only on 30 days' prior notice specifying the grounds for
termination, except that Arlington Medical Resources may terminate this
Agreement immediately for violations.
Copyright
and License of Service Content.
The entire contents of the
Service are copyrighted as a collective work under United States copyright
laws. Except as expressly provided below, the User agrees not to copy,
redistribute, or publish any part of the Service.
Each User may download material from the Service for his/her own noncommercial use, including the User's use in the ordinary course of the User's business or profession, provided that the User maintains all copyright and other notices contained in such material. Users may not (i) sell that material, or (ii) offer for sale that material. Users may not post any downloaded material to any other online service (including any bulletin board or the Internet) without the express permission of the copyright holder.
Disclaimer
of warranty.
Arlington Medical Resources
makes no warranties with respect to the Service and/or information contained
therein. Although Arlington Medical Resources intends to take reasonable steps
to screen uploaded files for infection by viruses, worms, "trojan horses," or other code manifesting
contaminating or destructive properties before making such files available for
User downloading, Arlington Medical Resources cannot guarantee that any file
available for downloading will be free of infection. Accordingly, Arlington
Medical Resources cannot and does not guarantee or warrant that such files will
be free of such properties. The entire risk as to the quality and performance
of the Service, the quality of any related services, and the accuracy of any
information or quality of any software published on the Service is with the
User.
Arlington Medical Resources
does not warrant that the functions or services performed by the Service will
be uninterrupted or error-free or that defects in the Service will be
corrected. The Service is provided on an "as is, as available" basis.
Arlington Medical Resources makes no warranties, express (except as expressly
provided herein) or implied, including, without limitation, those of
merchantability and fitness for a particular purpose, with respect to the
Service, any information or software published on the Service, or any products
or services sold through the Service.
Limitation
of liability.
If Arlington Medical Resources
shall fail for any reason to furnish the Service required by this agreement and
the User objects in a timely manner, the User agrees to accept, in lieu
thereof, an appropriate pro-rata refund or credit in the amount paid for such
Service. Any claim against Arlington Medical Resources shall be limited to such
refund or credit. In no event will Arlington Medical Resources be liable (i) for any incidental, consequential, or indirect damages
(including, but not limited to, damages for lost profits, business
interruption, and loss of programs or information) arising out of the use of or
inability to use the Service, or any information provided on the Service, or
(ii) for any claim attributable to errors, omissions, or other inaccuracies
published on the Service.
Indemnification.
The User agrees to indemnify,
defend, and hold harmless Arlington Medical Resources, its subsidiaries, and
licensors and their respective officers, directors, employees, and agents from
and against all losses, expenses, damages, and costs, including reasonable
attorneys' fees, arising out of the use of the Service by the User or the
User's account.
Third-party
rights.
The provisions regarding
Disclaimer of Warranty, Limitation of Liability, and Indemnification are for
the benefit of Arlington Medical Resources and its respective licensors,
employees, and agents. Each shall have the right to assert and enforce those provisions
against a User.
Notices.
Arlington Medical Resources may
deliver notices on the Service, by electronic mail on the Internet, or by
written communication to the User's address. Users may give notice to Arlington
Medical Resources by electronic mail to the Client Service manager, by letter
sent by facsimile to +(610) 722-5511, or by written communication to 48 General
Warren Blvd., Malvern, PA 19355.
Termination.
This Agreement may be
terminated at any time for any reason by Arlington Medical Resources. The
provisions regarding payment, disclaimer of warranty, indemnification, and
third-party rights shall survive.
General
provisions.
Any provision in any memorandum
received by Arlington Medical Resources in connection with the Service that is
inconsistent with, or adds to, the provisions of this Agreement is void.
Neither the parties' course of conduct or trade practice will modify the terms
of this Agreement. If any provision of this Agreement is determined by a court
of competent jurisdiction to be invalid, all other terms and conditions shall
remain in full force and effect.
Governing
law.
This Agreement and the
resolution of any dispute arising hereunder shall all be governed and construed
in accordance with the laws of the Commonwealth of Pennsylvania, without regard
to its conflicts of law principles. The User consents to the jurisdiction of
the courts of the Commonwealth of Pennsylvania.