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Legal
TERMS AND CONDITIONS
OF USE
IMPORTANT: PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY. This web site (the "Site")
is operated and owned by Internet Matrix Inc. ("IMATRIX").
The information, documents, software, services and products
(the "Materials") available on this site are subject
to the terms and conditions set forth below (the "Terms
of Use"). By accessing or using this Site and the Materials,
you agree to accept the Terms of Use, including all disclaimers,
exclusions of warranties and all limitations of liability.
If you do not accept and agree to be bound by the Terms of
Use, do not access or use this Site or the Materials. IMATRIX
reserves the right to revise the Terms of Use at any time
by updating this posting. You should visit this page periodically
to review the current Terms of Use.
A. SITE CONTENT
A.1 Use of Materials. This Site is intended
for the use of persons seeking information and resources on
IMATRIX products and services. The Materials contained on
this Site may only be used in association with IMATRIX software
products and all use is subject to the license terms associated
with those products. IMATRIX hereby grants you a limited license
to view and download a single copy of the Materials accessible
by you on this Site solely for your personal, non-commercial
use. Access to certain parts of this Site may be made conditional
on your acceptance of additional terms and conditions specific
to the transaction you wish to complete. These terms and conditions
are in addition to, and are incorporated by reference into,
these Terms of Use.
A.2 Copyright and Restrictions. The contents
of this Site are protected by copyright under both United
States and foreign laws. Unauthorized use of any content may
violate copyright, trade-mark, and other laws. You must retain
all copyright and other proprietary notices contained in the
original content on any copy of the content you make. You
may not sell or modify the content or reproduce, display,
publicly perform, distribute, or otherwise use the content,
or any part thereof, for any public or commercial purpose.
Use of content obtained from this Site on any other web site
for any purpose is prohibited. If you violate any of these
restrictions, your permission to use the contents of this
Site automatically terminates and you must immediately destroy
any copies you have made.
A.3 Trademarks. IMATRIX, CHIROPRACTORSITES
are trademarks or registered trademarks of IMATRIX. IMATRIX
trademarks include all names, marks, brands, logos, designs,
trade dress and other designations that IMATRIX uses in connection
with the Materials located on the Site. All trademarks belong
to IMATRIX. Any other trademarks appearing on the Site belong
to their respective owners. Nothing contained on this Site
should be construed as granting any license or right to use
any trademark, logo or design displayed on this Site without
the express written permission of IMATRIX or the respective
owner.
A.4 Third Party Submissions. By submitting
content to this Site, the user warrants that he has the full
right and authority to submit such content and that none of
the content submitted is subject to any copyright or other
proprietary right of a third party. Content submitted by users
are not reflective of the views and opinions of IMATRIX or
its licensors, licensees or any of their respective officers,
directors, employees or agents. IMATRIX may, in its sole discretion,
remove any content from the Site at any time.
A.5 Linked Sites. This Site may contain
links to external sites and electronic mail links. These links
are provided solely as a convenience to you. Parties other
than IMATRIX independently develop the external sites and
IMATRIX assumes no responsibility for the accuracy or appropriateness
of the information on such external sites. The inclusion of
any link to an external site or reference to a third party
or its products or services on the linked site should not
be construed as an endorsement by IMATRIX of that party or
its products or services. If you decide to access any linked
site, you do so entirely at your own risk.
B. SUPPORT SERVICES
B.1 General. Some Site users will elect
to utilize IMATRIX's support services. IMATRIX will use commercially
reasonable efforts to promptly deliver the support services
described in the service plan you have chosen, in a professional
and workman-like manner and in accordance with generally recognized
commercial practices and standards. This includes using commercially
reasonable efforts to provide timely telephone, facsimile,
email, and online access to our support facilities, and responses
to your support requests, in accordance with the terms of
the service plan you have chosen. Your access to IMATRIX's
support service resources, and the promptness and accuracy
of our response, may vary from time to time with the accuracy
and completeness of the background information that you provide,
our ability to reproduce the problems you are encountering,
the volume of support service traffic, the availability of
qualified IMATRIX staff and the availability of second-tier
support personnel of our suppliers.
C. DISCLAIMER. THE INFORMATION, MATERIALS
AND SERVICES MADE AVAILABLE ON THIS SITE MAY BE CHANGED AT
ANY TIME WITHOUT NOTICE. IMATRIX USES REASONABLE EFFORTS TO
ENSURE THERE IS UP-TO-DATE AND ACCURATE INFORMATION ON THE
SITE, BUT IMATRIX CANNOT GUARANTEE THE ACCURACY OF THE CONTENT
IT POSTS TO THE SITE. IN ADDITION, THIS SITE CONTAINS MATERIAL
SUBMITTED BY OTHER USERS. IMATRIX IS NOT RESPONSIBLE FOR AND
DOES NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR
RELIABILITY OF ANY MATERIAL SUBMITTED BY OTHER USERS. YOU
ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE TRUTH AND
ACCURACY OF ALL INFORMATION YOU OBTAIN FROM THE SITE. RELIANCE
ON ANY CONTENT POSTED ON THE SITE WILL BE AT YOUR OWN RISK.
YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS
OF THE SITE.
D. LIMITED WARRANTY AND NO IMATRIX LIABILITY
D.1 EXCLUSION OF WARRANTIES. UNLESS OTHERWISE
EXPRESSLY SPECIFIED, THIS SITE, AND THE MATERIALS, PRODUCTS
AND SERVICES MADE AVAILABLE ON THIS SITE ARE PROVIDED "AS
IS" AND "AS AVAILABLE". IMATRIX DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IMATRIX
DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER,
SUPPLIER OR MERCHANT OF ANY INFORMATION, PRODUCTS OR SERVICES.
IMATRIX DOES NOT WARRANT THAT THE INFORMATION, PRODUCTS OR
SERVICES OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS
OR THAT ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL
BE CORRECTED. NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING
THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE
INFORMATION, MATERIALS OR SERVICES MADE AVAILABLE ON THIS
SITE BY IMATRIX. IMATRIX DOES NOT REPRESENT OR WARRANT THAT
ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE WILL
BE UNINTERRUPTED, THAT THIS SITE WILL OPERATE ERROR-FREE,
OR THAT THIS SITE OR THE MATERIALS OR PRODUCTS OR SERVICES
AVAILABLE HEREIN ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
COMPONENTS. THIS SITE OR ANY PORTION THEREOF MAY BE UNAVAILABLE
AT ANY TIME.
D.2 LIMITATION OF LIABILITY. ACCESS AND
USE OF THIS SITE IS AT YOUR OWN RISK. UNLESS OTHERWISE EXPRESSLY
SPECIFIED, IMATRIX, ITS DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL
OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT
OF YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONSEQUENCES
FLOWING, DIRECTLY OR INDIRECTLY, THEREFROM. THE FOREGOING
LIMITATION SHALL APPLY EVEN IF IMATRIX HAS BEEN ADVISED OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF IMATRIX AND ITS
REPRESENTATIVES FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR
RELATING TO YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT,
OR OTHERWISE, EXCEED THE TOTAL FEES YOU HAVE PAID TO IMATRIX
FOR USE OF THIS SITE OR $10.00, WHICHEVER IS GREATER. IMATRIX'
AND ITS REPRESENTATIVES' LIMITATION OF LIABILITY IS CUMULATIVE
WITH ALL OF IMATRIX' AND ITS REPRESENTATIVES' PAYMENTS IN
SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE
SATISFACTION OF THE LIMIT. THIS SECTION WILL SURVIVE AND APPLY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
E. Software Licenses. All IMATRIX software
that is made available for downloading from this Site is protected
by copyright and may be protected by other rights. Your downloading
and use of any such software is made conditional on your agreement
to be bound by the terms of the software license agreement
accompanying such software. If there is no license associated
with the software, your license rights in the software are
as set out in section A.2 (Copyright and Restrictions).
F. Indemnity. You agree to indemnify
IMATRIX and its officers, directors, employees and agents
from and against any and all claims, demands, liabilities,
costs, or expenses whatsoever, including without limitation
reasonable legal fees and disbursements, resulting directly
or indirectly from: (a) your breach of any of these Terms
of Use or any additional terms; (b) your access to or use
of this Site or any web site to which this Site is or may
be linked from time to time; or (c) your use of, reliance
on, or publication, communication or distribution of anything
on or from this Site.
G. GENERAL INFORMATION
G.1 Confidential Information. Unless
otherwise specified, all information sent to the Site will,
when received, be treated by IMATRIX as non-confidential information.
By sending IMATRIX non-confidential information, you grant
IMATRIX a royalty free, perpetual, unrestricted, world wide,
irrevocable license to use, reproduce, display, perform, publish,
modify, transmit and distribute the non-confidential information
alone or as part of other works in any form, medium or technology,
whether now known or hereafter developed, and to sub-license
such rights to IMATRIX's licensees.
G.2 Security. The Internet is not a secure
medium and privacy during transmission cannot be guaranteed.
Internet e-mail and web sites are vulnerable to interception,
forging and unauthorized access. Information sent or received
over the Internet is generally not secure and IMATRIX cannot
and does not make any representation, warranty or promise
concerning the interception by third parties of your personal,
financial or other information. IMATRIX will not be responsible
for any damages you may suffer as a result of or in connection
with the transmission of any information from or to this Site.
Should you decide to transmit information using the Site,
you do so at your own risk.
G.3 Export Control.
You acknowledge and agree that Software or other materials
obtained on the Site may be subject to United States and foreign
export laws and regulations. You will not export or re-export,
directly or indirectly, the Software or information pertaining
thereto to any country for which any government or any agency
thereof requires an export license or governmental approval
at the time of export or re-export without first obtaining
such license or approval.
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