Legal Notice and Operating Policies (Website Usage Agreement)
CompuMedical.com (the “Site”) is an online information and communications service provided by the Advice Media, LLC (“Advice Media”) and CompuMedical, LLC (“CompuMedical”), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto.
“ImplantInfo”, “Breast Implants Information Website – By Nicole”, “Nicole’s Breast Augmentation and Breast Implants Information Website”, “LipoSite” and “FaceForum” are trade names of Advice Media/CompuMedical in the United States and other countries. Other marks which appear on this Web site may be marks of third parties that are not affiliated with Advice Media/CompuMedical. Advice Media/CompuMedical and its affiliates do not control or endorse the content of third party Web sites.
Please read this Agreement 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. Advice Media/CompuMedical may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. 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. Operating Policies: You agree to comply with the Operating Policies set forth in Exhibit A (as they may be amended by Advice Media/CompuMedical from time to time), which are the rules that govern your activity in connection with the Site. Advice Media/CompuMedical has the right but not the obligation to remove any communications and materials that Advice Media/CompuMedical believes in its sole discretion violate the Operating Policies.
2. Copyright, Licenses and Idea Submissions: The entire contents of the Site are copyrighted under the United States copyright laws. The owner of the copyright is Advice Media/CompuMedical. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Site solely for your personal, non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of Advice Media/CompuMedical. You agree not to change or delete any proprietary notices from materials downloaded from the Site. You agree to grant to Advice Media/CompuMedical a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, 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 public areas of the Site (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to Advice Media/CompuMedical 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 Advice Media/CompuMedical for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
WARNING: Advice Media/CompuMedical, FaceForum, ImplantInfo and LipoSite employ a variety of tracking mechanisms to preserve, detect and enforce our copyrights. Among these methods are digital asset management, byte level encoding and digital watermarks. In addition, we use automated tools to detect unauthorized and unapproved reuse of our materials by other web sites. If you intend to use our content, text, graphics or images on another site, you must secure express written permission first.
3. Use of the Site: You understand that, except for information, products or services clearly identified as being supplied by Advice Media/CompuMedical, Advice Media/CompuMedical does not operate, control or endorse any information, products or services on the Internet in any way. Except for Advice Media/CompuMedical-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 Advice Media/CompuMedical.
You also understand that Advice Media/CompuMedical 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. Advice Media/CompuMedical 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 Site, any merchandise, information or service provided through the Site or on the Internet generally, and Advice Media/CompuMedical 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 Site or on the Internet generally. Advice Media/CompuMedical does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. The Site and any software made available on the Site are provided on an “as is, as available” basis.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Advice Media/CompuMedical has no control over and accepts no responsibility whatsoever for such materials.
In no event will Advice Media/CompuMedical 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 Site, or any information, or transactions provided on the Site or downloaded or hyperlinked from the Site, even if Advice Media/CompuMedical 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 Site and/or materials or information downloaded through, or hyperlinked from, the Site.
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, Advice Media/CompuMedical’s liability is limited to the greatest extent permitted by law.
4. Indemnification: You agree to indemnify, defend and hold harmless Advice Media/CompuMedical, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.
5. Third Party Rights: The provisions of paragraphs 3 (Use of the Site), and 4 (Indemnification) are for the benefit of Advice Media/CompuMedical and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Term and Termination: This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.
7. Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed in Florida. You agree that any legal action or proceeding between Advice Media/CompuMedical and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Advice Media/CompuMedical’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. Advice Media/CompuMedical may assign its rights and duties under this Agreement to any party at any time without notice to you.
Exhibit A – Operating Policies
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Advice Media/CompuMedical. Advice Media/CompuMedical cannot and does not screen content provided by users of the Site. Notwithstanding the foregoing, Advice Media/CompuMedical reserves the right to monitor content on the Site and to remove content which Advice Media/CompuMedical, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
(i) Unless you are participating in an area of the Site that requires or encourages anonymity, use your real name in online communications. Use of multiple identities, user names or login identification on the site is prohibited. Use of forged credentials to gain access to the site is prohibited.
(ii) You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(iii) You may not use the personal information on the site – including e-mail addresses for the purpose of mass mailings, solicitations commercial enticements or to harass, threaten or inconvenience other users, operators or sponsors.
(iv) You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(v) You may not interfere with other users use of the Site.
(vi) You may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features.
(vii) You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Site’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Advice Media/CompuMedical reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful.
(viii) You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Site for goods or services except in those areas (e.g., sponsor’s section, classified bulletin board) that are designated for such purpose.
(ix) You may not post or list articles which are off-topic according to the description of the group or list or send unsolicited mass emailings to 10 people if such e-mail could reasonably be expected to provoke complaints from its recipients.
(x) You may not use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
Copyright © 1998- 2012 – Advice Media/CompuMedical, L.L.C.
Advice Media/CompuMedical, L.L.C. is a New Jersey Limited Liability Company. Please direct all inquiries to [email protected] or to Advice Media/CompuMedical, L.L.C., PO Box 222, Little Silver, NJ 07739
Updated 04/18/11