| |
This policy is issued by MrPLC.com ("We", "Us"
or "Our"). It governs Your use of the MrPLC.com Web Site,
including, without limitation, all content such as text, information,
usages, and audio (collectively, "Content") and all Services
("Services") made available to You through this Site (this
Site and the Content and Services are collectively referred to herein
as the "Site") by MrPLC.com and/or third parties. We reserve
the right to make changes to these policies at any time without advance
notice. We agree to post all amended forms of these policies on this
Site and such amended policies shall be effective immediately upon posting
on this Site.
1. Copyright
The term "MrPLC.com" is part of the corporate name, Elston
Systems, Inc., a US corporation incorporated under the laws of the United
States of America with its registered office in Huntington, Indiana.
The term "MrPLC.com" and "MRPLC.COM" is owned by
Elston Systems, Inc. and is protected under the copyright laws of the
Unites States of America and other jurisdictions. Any use of the term
without the prior written consent of Elston Systems, Inc, is strictly
prohibited. The use of this Site does not, in itself, constitute any
consent to the use of the term.
2. Ownership and Limitations on Use
The Content of this Site including all software, text, displays, images
and audio are proprietary to MrPLC.com or its Content Providers and
are protected by Copyright laws of the United States and other countries.
The compilation of all materials on this Site is the exclusive property
of MrPLC.com and protected by the copyright laws of the United States
and other countries. Any reproduction, distribution public performance,
or public display of these materials, in whole or in part, is prohibited
without the express prior written permission of MrPLC.com or as expressly
permitted in the Terms of Use
3. Names and Logos
MrPLC.com, and the associated logo and other marks clearly identified
in the MrPLC.com Web Site as MrPLC.com's are the property of MrPLC.com.
You may not use MrPLC.com marks without MrPLC.com's prior written consent.
All other names, brands and marks are used for identification purposes
only and may be trademarks or registered trademarks of their respective
owners.
4. Your Use of Content
Content consists of copyrighted work proprietary to Us or to third parties
who have provided Us with Content ("Content Providers") You
may download and print a single copy of the Content solely for Your
own use in connection with Your internal non-commercial use. Any Content
You download or print may not be altered in any way and must contain
all copyright proprietary rights notices that were contained in such
Content. Any unauthorized or unapproved use of any of content constitutes
copyright infringement and subjects You to all civil and criminal penalties
provided for under domestic and international copyright laws and treaties.
5. Intellectual Property Ownership
You agree that we (or Our Content Providers) own all worldwide rights,
titles and interests in and to this Site. You may create a bookmark
in Your browser to the home page of this Site. You may note otherwise
create a link to this Site without Our prior written approval. All rights
not expressly granted in this Policy are reserved to us. No other rights
or licenses, whether express, implied, arising by estoppels, or otherwise
are conveyed or intended by this Policy. To facilitate Your access to
and use of this Site or portions thereof, we may make certain software
available to You. The terms of Your use of such software will be stated
separately in a license policy that will be included with the software.
You agree to only use such software in a manner permitted pursuant to
such license agreements
6. Content Disclaimer
You acknowledge that the opinions and views expressed by members of
MrPLC.com do not reflect those of MrPLC.com. All Content, whether publicly
posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that You, and
not MrPLC.com, are entirely responsible for all Content that you upload,
post, email or otherwise transmit via MrPLC.com. We do not guarantee
the accuracy, integrity or quality of such Content. You understand that
by using MrPLC.com, you may be exposed to Content that is offensive,
indecent or objectionable. MrPLC.com shall have the right to remove
any Content that violates the Terms of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by Us or submitted to Us, including
without limitation information in MrPLC.com Message Boards, MrPLC.com
e-mails, and in all other parts of MrPLC.com. You understand that you
agree to not use Us to upload, post, email or otherwise transmit any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party, including but not limited
to information you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements) and distributing
Content that consists of hyperlinks to sites that contain content not
allowed on MrPLC.com.
7. Interactive Areas
You may be permitted to access and use chat rooms, discussion forum,
mail hosts, and other forms of group electronic communications through
this Site ("Interactive Areas"). If You participate in Interactive
Areas, You are responsible for Your own communications and the consequences
of posting Your communications. If You choose to post material using
such Interactive Areas, You agree to do so solely for lawful purposes.
You expressly agree that You will not post any material that:
- is defamatory, libelous, abusive, derogatory, or obscene, including,
without limitation, material which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, federal or international law;
- is contrary to the provisions of any human rights or civil rights
of any jurisdiction in the United States of America;
- is contrary to any provisions of the criminal law of the United
States of America or any state thereof;
- is contrary to any law or regulation of any jurisdiction in the
United States of America for the use of telephone services;
- infringes on the copyright or my other proprietary right of a third-party;
- would invade the privacy of any other person;
- is intended to advertise to or solicit others without Our prior
written consent;
- constitutes charity solicitations, chain letters or pyramid schemes;
- constitutes "spamming" or mailing or other mass distribution
laws of the United States of America;
- contains a virus, worm, trojan horse, time bomb, or any other harmful
program or component;
- or does not generally pertain to the designated topic or theme of
this Site.
You also expressly agree that You will not:
- after receiving warning, continue to post material which we have
advised You not to post;
- create a false identity or forged email address or header, or otherwise
attempt to mislead others as to the identity of the sender or the
origin of the message
- post generate or disseminate so-called "spam" or mass-mailings;
- harvest or otherwise collect information about others, including
email addresses, without their prior written consent;
- interfere with or disrupt networks connected to this Site, or used
for purposes of delivering the Content or the Services (or violate
the regulations, policies or procedures of such networks);
- attempt to gain unauthorized access to restricted areas of this
Site, other accounts, computer systems or networks connected to this
Site, through pass word mining or any other means;
- or interfere with another of Our user's use and enjoyment of this
Site.
8. No Responsibility to Monitor Material
MrPLC.com is not and will not be responsible for, screening or monitoring
material posted by You or any other person or entity in Interactive
Areas. If notified by one of Our users of any material that is alleged
not to conform to the terms of this Policy, we may Investigate the allegation
and determine in Our sole discretion to remove or request the removal
of the material. We reserve the right to remove material, which is abusive,
illegal, derogatory, disruptive, or that otherwise fails to conform
to this Policy. We reserve the right to edit or delete any material
posted on this Site, regardless of whether such material violates these
standards for content. We have no liability or responsibility to You
or any other person or entity for performance or nonperformance of the
screening activities set forth above.
Rules for comment removable from the Automation Links Interactive areas
are:
In certain situations, outlined below, MrPLC.com will remove postings
by third parties ("posters" or "users"), including:
- MrPLC.com is presented with a valid court order from a court of
competent jurisdiction ordering the removal of the posting;
- MrPLC.com is presented with a valid court order from a court of
competent jurisdiction finding that the posting is slanderous, libelous,
defamatory or otherwise illegal;
- MrPLC.com is presented with a settlement agreement, resolving a
dispute between the poster and any third party(ies) complaining about
the posting, mandating that the posting be removed;
- The posting contains vulgar, profane, or obscene language;
- The posting contains adult material, including but not limited to,
graphic images, written images, or links thereto;
- The posting does not relate to a valid commercial transaction and
is not the type of posting for which the Web site is intended, namely
rating the suppliers of products or services;
- The posting contains personal identifying information about another
user of this Web site;
- The posting was posted by a user who submitted falser contact information
during the registration process and MrPLC.com is unable to contact
the poster/user; and
- Multiple copies of the same posting; or
- The posting references a commercial transaction that did not occur.
If you believe that a user has posted material which meets one of the
above conditions, please contact MrPLC.com using the Contact Us link
provided at the top of the page.
9. No Representations, Warranties or Guarantees
We further do not represent, warrant or guarantee the truthfulness,
accuracy, or reliability of any of the material posted in Interactive
Areas. We also do not endorse any opinions expressed in the Interactive
Areas. You acknowledge that any reliance on content posted in interactive
areas is at Your own risk.
10. License to Us
You hereby grant to MrPLC.com a non-exclusive, worldwide, royalty-free,
perpetual license any materials and other information You submit to
the Interactive Areas by any means and any media now known or hereafter
developed for any use or purpose. This includes the right of MrPLC.com
to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform.
11. Advertisements and Links
This Site contains advertisements placed by or on behalf of third parties.
These advertisements may contain links to other web sites. For Your
convenience, we provide links on This Site to third-party web sites.
These third-party web sites are not under Our control and we are not
responsible for such third -party web sites. Unless expressly stated
by us, we do not recommend or endorse particular products, services
or web sites of any third parties or make any determination wether any
product, service, or web site may be either necessary or appropriate
for You or for the use in rendering care to Your patients.
12. Access and Use Outside the United States of America :
MrPLC.com makes no claim that this Site is appropriate for access or
use outside the United States. Your access and/or use of This Site outside
the United States is entirely at Your own risk, and You are responsible
for compliance with the laws of Your jurisdiction.
13. Consents
Any consent expressly provided for, required pursuant to or contemplated
by this Policy may only be given by an authorized officer of Elston
Systems, Inc. No consent shall be given unless and until (a) the full
name and address of the person seeking the consent is provided to Us,
(b) a detailed, complete, accurate and up-to-date explanation is provided
to an authorized office of Elston Systems, Inc. and (c) a determination
has been made that the giving of such consent will not contravene this
Policy. Elston Systems, Inc. reserves the right to deny any consent
in its sole discretion and without explanation of any kind.
14. General Disclaimers
This Site is provided to You on an "as is, with all faults"
basis. Your use of this Site is at Your own risk. We make no warranties
of any kind, either express or implied, including, without limitation,
any statutory warranties which may be provided for by any state or local
statutes in The US, any implied warranties of merchantability, fitness
for a particular purpose title, or non-infringement, or warrantees arising
by course of pealing or custom of trade. We make no representation or
warranty that any Content is accurate, complete, appropriate, reliable,
or timely. We also make no representations or warranties that Your access
to and use of this Site will be uninterrupted or error-free, is free
of viruses, worms, unauthorized code, or other harmful components. You
are responsible for taking all precautions You believe necessary or
advisable to protect You against any claim, damage, loss or hazard that
may arise by virtue of Your use of this Site. Some jurisdictions do
not permit the exclusion or limitation of implied warranties. Therefore,
only if required by applicable law, some or all of the exclusions or
limitations above may not apply to You. You may have other rights from
jurisdiction to jurisdiction
15. Exclusion of Damages
Under no circumstances whatsoever will We be responsible or liable to
You or any other person or entity for any direct, compensatory, indirect,
incidental, consequential (including lost profits and lost business
opportunities), special, exemplary, punitive damages or fines or penalties
incurred by You as a result of, or related in any manner whatsoever
to Your use of this Site, or reliance on the content or errors, inaccuracies,
omissions, defects, untimeliness, security breaches, or any other failure
to perform by Us or Our content providers. The foregoing exclusion shall
apply regardless of whether We have been advised of the possibility
of such damages. Some jurisdictions do not permit the exclusion of certain
types of damages. Therefore, only if required by applicable law, some
or all of the exclusions above may not apply to You. You may have other
rights from jurisdiction to jurisdiction.
16. Limitation of Our Liability
If, notwithstanding the other terms of this Policy, We should have any
liability to You or any third party for any loss, harm or damage, You
and We agree that such liability shall under no circumstances exceed
the sum of One US Dollar. You and We agree that the foregoing limitation
of liability is an agreed allocation of risk between You and Us.
17. Indemnity
You agree to defend, indemnify and hold Us harmless against any losses,
expenses, costs or damages (including Our reasonable lawyer's fees (on
a solicitor and his own client basis, the intent being that We shall
not be out of pocket for any such expenses), expert fees and other reasonable
costs of litigation arising from, incurred as a result of, or in any
manner related to Your breach of the terms of this Policy, Your unauthorized
or unlawful use of this Site or the unauthorized or unlawful use of
this Site by any other person using Your UserID.
18. No Other Policy
This Policy contains the entire policy between You and Us relating to
the subject matter hereof, and supersedes any other oral or written
communications, understandings, policy or contracts relating thereto.
19. Amendment of this Policy
This Policy may not be amended, altered, modified or supplemented by
any purchase order or similar form originated by You relating to the
subject matter hereof or statements of any of Our employees. We reserve
the right to make changes to this Policy at any time without advance
notice. We agree to post all amended forms of this Policy on this Site
and such amended forms shall be effective immediately upon its posting.
Such amended forms shall be deemed to have been physically signed by
You by Your signature on this Policy regardless of the method of delivery
of the signed copy of this Policy to Us. It is at all times Your responsibility
to read the most current form of this Policy before using this Site
to ensure that You agree to the terms and conditions of any amendments
made to this Policy. You agree that these standards for notice of amendments
to this Policy are reasonable.
20. Termination
Your right to access and use this Site immediately terminates without
further notice upon Your breach of this Policy. We may terminate this
Policy and/or Your right to use this Site at any rime, with or without
cause. Any provision of this Policy dealing with any limitations to
or exclusions from liability in Our favor stated in this Policy shall
survive any expiration or termination of this Policy for any reason
whatsoever. We reserve the right to discontinue or make changes to this
Site at any time.
21. Waiver
The waiver by Us of a breach of any provision of this policy shall not
operate or be construed as a general waiver of any other or a subsequent
breach of the same or a different kind. Severance If any provision of
this policy is held by a court of competent jurisdiction to be contrary
to law, the remaining provisions of this policy shall remain in full
force and effect.
22. Governing Law
This policy is governed by the laws of the United States, as may be
applicable, without giving effect to any principles of conflict of law.
|
|