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TERMS
OF ACCESS
The following are terms of a legal agreement ("Agreement")
between you and MediNet Systems, Inc. ("MediNet").
By accessing, browsing and/or otherwise using
this web site ("Site"), you acknowledge
that you have read, understood and agreed to be
bound by these terms and conditions, and to comply
with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations.
If you do not agree to all of these terms and
conditions, you may not access, browse and/or
use this Site. The material provided on this Site
is protected by law, including, but not limited
to, United States copyright law and international
treaties.
This site is controlled and operated by MediNet
from its offices within the United States, and
access to the Site from territories where the
Site and its contents are illegal is prohibited.
Those who choose to access this Site from other
locations are responsible for compliance with
applicable local laws.
These terms of access apply to your access to
and use of this Site and do not alter in any way
the terms and conditions of any other agreement
you may have with MediNet for products, services
or otherwise, unless otherwise directed by MediNet.
If you breach any of these terms and conditions,
your authorization to use this Site automatically
terminates and you must immediately destroy any
downloaded or printed materials and discontinue
use of any hyperlinks to this Site.
1. USE RESTRICTIONS
(i) Copyright. All Site materials, including,
without limitation, text, graphics and other files
and the selection and arrangement thereof are
copyrighted materials of MediNet Systems, Inc.
© 2001, ALL RIGHTS RESERVED, or by the original
creator of the material. Permission is granted
to display, copy, distribute, and download the
materials on this Site for personal, noncommercial
use only, provided you do not modify the materials
and that you retain all copyright and other proprietary
notices contained in the materials. You may not,
however, distribute, copy, reproduce, display,
republish, download, or transmit any material
on this Site for commercial use without prior
written approval of MediNet. You may not "mirror"
any material contained on this Site on any other
server without prior written permission from MediNet.
Any unauthorized use of any material contained
on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity and communications
regulations and statutes.
(ii) Trademarks. The trademarks, service marks,
trade names, and logos (the "Trademarks")
used and displayed on this Site are registered
and unregistered Trademarks of MediNet. In addition,
all page headers, custom graphics, button icons,
and scripts are service marks, trademarks and/or
trade dress of MediNet, and may not be copied,
imitated or used, in whole or in part, without
the prior written permission of MediNet. You acknowledge
that the Trademarks used and displayed on this
Site are and shall remain the sole property of
MediNet or the Trademark owner. Nothing in this
Agreement shall confer any right of ownership
of any of the Trademarks in you. Further, nothing
in this Site shall be construed as granting, by
implication, estoppel or otherwise any license
or right to use any Trademark used or displayed
on the Site, without the express written permission
of MediNet or the Trademark owner. The misuse
of the trademarks displayed on this Site, or any
other content on the Site, is strictly prohibited.
(iii) Hyperlinks. You are granted a limited, nonexclusive
right to create a "hypertext" link to
this Site provided that such link is to the entry
page of this Site and does not portray MediNet
or any of its products or services in a false,
misleading, derogatory, or otherwise defamatory
manner. This limited right may be revoked at any
time for any reason whatsoever. You may not use
framing techniques to enclose any MediNet trademark,
logo or trade name or other proprietary information
including the images found at the Site, the content
of any text or the layout/design of any page or
any form contained on a page without MediNet's
express written consent. Links to third party
sites on this Site are provided solely as convenience
to you. If you use these links, you will leave
this Site. MediNet has not reviewed all of these
third party sites and does not control and is
not responsible for any of these sites, their
content or their policies, including, without
limitation, privacy policies or lack thereof.
MediNet does not endorse or make any representations
about third party sites or any information, software
or other products or materials found there, or
any results that may be obtained from using them.
If you decide to access any of the third party
sites linked to this site, you do so entirely
at your own risk. You acknowledge and agree that
MediNet shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or
alleged to be caused by, or in connection with
the use of or reliance on any such third party
sites.
(iv) Downloadable Materials. Any software, including
codes or other materials that are made available
to download from this Site, is the copyrighted
work of MediNet and/or its suppliers and affiliates.
If you download software from this Site, use of
the software is subject to the license terms in
the software license agreement that accompanies
or is provided with the software. You may not
download or install the software until you have
read and accepted the terms of the applicable
software license agreement. Without limiting the
foregoing, copying or reproduction of the software
to any other server or location for further reproduction
or redistribution is expressly prohibited unless
otherwise provided for in the applicable software
license agreement in the case of software, or
the express written consent of MediNet in the
case of codes or other downloadable materials.
(v) Limited Access. Except as otherwise expressly
permitted by MediNet, any access or attempt to
access other areas of the MediNet computer system
or other information contained on the system for
any purposes is strictly prohibited. You agree
that you will not use any robot, spider, other
automatic device, or manual process to "screen
scrape," monitor, "mine," or copy
the Web pages on the Site or the content contained
therein without MediNet's prior, express, and
written permission. You will not spam or send
unsolicited e-mail to any other user of the Site
for any reason. You agree that you will not use
any device, software or routine to interfere or
attempt to interfere with the proper working of
the Site. You agree that you will not take any
action that imposes an unreasonable or disproportionately
large load on MediNet's infrastructure.
2. DISCLAIMER WARRANTY
This Site, including all software, functions,
materials, and information, is provided "as
is" without warranties of any kind, either
express or implied. MediNet disclaims all warranties,
express or implied, including, but not limited
to, warranties of quiet enjoyment and non-infringement
and implied warranties of merchantability, fitness
for a particular purpose, non-infringement, title,
quiet enjoyment, merchantability of computer programs,
data accuracy, system integration, and informational
content. MediNet does not warrant or make any
representations regarding the operation of this
Site, the use, validity, accuracy or reliability
of, or the results of the use of the materials
on this Site or any other sites linked to this
Site. The materials of this Site may be out of
date, and MediNet makes no commitment to update
the materials at this Site. MediNet does not and
cannot guarantee or warrant that the files available
for downloading from this Site, if any, will be
free from infection, viruses, worms, Trojan horses,
or other code that manifest contaminating or destructive
properties. MediNet does not warrant that this
Site, software, materials, products, or services
will be uninterrupted or error-free or that any
defects in this Site, software, materials, products,
or services will be corrected.
3. LIMITATION OF LIABILITY
In no event will MediNet, its suppliers or other
third parties mentioned at or in this Site be
liable for any damages (including, without limitation
direct, indirect, special, incidental, or consequential
damages), damages resulting from lost profits,
lost data or business interruption arising out
of relating to the use, inability to use, or resulting
from the use of this Site, any web sites linked
to this Site, the materials, software or other
information contained in any or all such sites,
whether based on warranty, contracts, tort (including
but not limited to, negligence) or any other legal
theory and whether or not advised of the possibility
of such damages. If your use of the materials
or information from this Site results in the need
for servicing, repair or correction of equipment
or data, you assume all costs thereof. Some states
do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation
or exclusion may not apply to you.
4. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with "RESTRICTED
RIGHTS." Use, duplication, or disclosure
by the government is subject to restrictions as
set forth in applicable laws and regulations.
Use of the materials by the government constitutes
acknowledgment of MediNet's or other owner's proprietary
rights in them.
5. REVISIONS TO THIS AGREEMENT
MediNet may revise this Agreement at any time
without notice by updating this posting. By using
this Site you agree to be bound by any such revisions
and should therefore periodically visit this Site
and page to determine the then current terms and
conditions of use to which you are bound.
6. APPLICABLE LAWS & SEVERABILITY
This Agreement shall be governed by, and construed
and interpreted in accordance with, the laws of
the State of Mississippi, United States of America,
without giving effect to its conflict of laws.
Any and all claims or controversies arising from,
relating to, or concerning this Agreement shall
be brought either in the Circuit or Superior Courts
of Hinds County, Mississippi, or in a federal
court of competent jurisdiction located in Hinds
County, Indiana. Any failure by MediNet to detect
or protest any breach of this Agreement shall
not constitute a waiver or impairment of any relevant
term or condition, or the right of MediNet at
any time to avail itself of such remedies as it
may have for any breach or breaches of such term
or condition. A waiver by MediNet may only occur
in writing. If any provision hereof is declared
invalid by a court of competent jurisdiction,
such provision shall be ineffective only to the
extent of such invalidity, so that the remainder
of that provision and all remaining provisions
of this Agreement will continue in full force
and effect.
7. AGENT DESIGNATED FOR DIGITAL MILLENNIUM COPYRIGHT
ACT
Name of Designated Agent: Bill Huff
MediNet Systems, Inc.
161 McTyere Avenue
Jackson, MS 39202
Telephone Number: 601-353-7786
Facsimile Number: 601-969-0084
e-mail address: bill@medinetsystems.com
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