AcupunctureOffice.Net Terms and Conditions of Use ("Terms")
IN THESE TERMS, "WE," "US," "ITS" AND "OUR" REFER TO MACTOR TECHNOLOGY. Its parent corporation, subsidiaries, and affiliated companies ("COMPANY"), AND "YOU" AND "YOUR" REFER TO YOU. Before using AcupunctureOffice.Net, please read these Terms relating to your use of this web site carefully.
1. USE OF SERVICES
COMPANY offers online directory for acupuncture clinical Office and content creation on AcupunctureOffice.Net, COMPANY offers AcupunctureOffice.Net to you, provided that you represent that you are of legal age to create binding contractual and financial obligations for any liability that you may incur as a result of your use of AcupunctureOffice.Net
Your use of AcupunctureOffice.Net constitutes your agreement with the Terms and the AcupunctureOffice.Net policies ("Policies") posted from time to time and the Privacy Statement, both of which are incorporated by this reference into the Terms. Your use of a particular AcupunctureOffice.Net service ("Service") may be subject to specific guidelines ("Service-Specific Rules") posted from time to time and incorporated by this reference into the Terms. Use of the Services constitutes full acceptance of and agreement to the Service-Specific Rules.
If you do not agree to these Terms, then you are not granted rights to use AcupunctureOffice.Net or any of its Services, and you should refrain from accessing AcupunctureOffice.Net and its Services. If you violate any of these Terms, your permission to use AcupunctureOffice.Net automatically terminates.
AcupunctureOffice.Net reserves the right to update and change the Terms, including without limitation the Privacy Statement, Policies and/or Service-Specific Rules, from time to time. COMPANY will alert users of any changes by email. Updates and changes to these Terms will be reflected in and accessible through the URL where such Terms first appeared. Users should periodically review the most recent version of the Terms, including without limitation the Privacy Statement, Policies and Service-Specific Rules. Use of AcupunctureOffice.Net after changes to the Terms constitutes acceptance of any changes. It is therefore important that you regularly review these Terms and keep your contact information current to ensure you receive any changes via email.
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on this web site and that you give to other web site users. You assume all risks associated with dealing with other users. We expect that you will use caution and common sense when using this web site.
2. AcupunctureOffice.Net PRIVACY STATEMENT
We do not sell or
rent your personal information to third parties for their marketing purposes
without your explicit consent. Our web site may contain information request
forms which request you to give us information (such as certain names, email
addresses, and passwords) which they wish to keep confidential, as well as much
information intended for publication on the web site as part of an listing
3. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that COMPANY has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted on AcupunctureOffice.Net. While COMPANY will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, COMPANY has no responsibility or liability for the deletion or failure to store any communications or Content maintained or transmitted on AcupunctureOffice.Net.
Though COMPANY may currently have no set fixed upper limit on the number of transmissions you may send or receive through AcupunctureOffice.Net, or the amount of storage space you use on the site, COMPANY retains the right, at its sole discretion, to create limits at any time and COMPANY will alert users of any such limits by email and post updated Terms in accordance with Section 1.
COMPANY reserves the right to mark as "inactive" and archive AcupunctureOffice.Net accounts and/or projects that are inactive for extended periods of time.
Upon the termination of your AcupunctureOffice.Net account, for any reason, including as a result of inactivity, violation of these Terms, or receipt of a certificate or other legal document confirming your death, COMPANY will close your account and you will no longer be able to retrieve materials contained in that account.
AcupunctureOffice.Net will not pre-screen or review Content, but COMPANY reserves the right (but does not undertake the obligation) in its sole discretion to: (a) monitor the web site for violations of these Terms, (b) take appropriate legal action against anyone who, in COMPANY's sole discretion, violates these Terms, including, without limitation, reporting you to law enforcement authorities; (c) refuse, restrict access to or the availability of, or disable (to the extent technologically feasible) any user's Content or any portion thereof that may violate these Terms or any COMPANY policy; (d) terminate the accounts of repeat infringers; (e) otherwise manage the web site in a manner designed to protect the rights and property of COMPANY and others and to facilitate the proper functioning of the web site; and (f) restrict access to or the availability of material that COMPANY, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
4. AcupunctureOffice.Net MARKETPLACE
We may change the fees for our AcupunctureOffice.Net Marketplace services from time to time in our sole discretion upon fourteen (14) days advance notice. You are responsible for paying all fees and all applicable taxes associated with using our AcupunctureOffice.Net Marketplace. If COMPANY terminates your use of the web site for breach of these Terms, you will not be entitled to any refund of any portion of the fees.
Using contact information obtained from AcupunctureOffice.Net Marketplace to solicit services outside of the AcupunctureOffice.Net Marketplace is not permitted. If you have impermissibly solicited for services outside of the AcupunctureOffice.Net Marketplace, please report the solicitation to us by sending a copy of solicitation, and if by email, include the full header in order for us to trace the pathway of the email.
5. LINKS TO THIRD PARTY WEB SITES
Links to third party web sites on AcupunctureOffice.Net are provided solely as a convenience to the user. When a user uses these links, the user leaves AcupunctureOffice.Net. AcupunctureOffice.Net has not reviewed all of these third party sites, does not control, and is not responsible for, any of these sites, their content or privacy practices. AcupunctureOffice.Net does not endorse or make any representations about the third party sites, or any information, services, or products found on the sites. If a user decides to access any of the linked sites, AcupunctureOffice.Net encourages the user to read their privacy statements. The user accesses such sites at user's own risk.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND COMPANY AND EACH OF THEIR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, "COMPANY INDEMNIFIED PARTIES") FROM ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTIONS, PROCEEDINGS, LIABILITIES, DAMAGES, OR OTHER DEMANDS ("CLAIMS") (INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ACCOUNTING EXPENSES, AND LEGAL COSTS), ARISING FROM OR RELATED TO (A) YOUR (OR ANY USER'S OF YOUR ACCOUNT) ACCESS TO OR USE OF AcupunctureOffice.Net AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS' ACCESS OF CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEB SITE OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS , INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT; OR (C) YOUR CONTENT OR PROVISION TO AcupunctureOffice.Net OF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. THE COMPANY INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE COMPANY INDEMNIFIED PARTIES ("INDEMNIFIED CLAIM'). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED COMPANY INDEMNIFIED PARTIES.
7. DISCLAIMER OF WARRANTIES
AcupunctureOffice.Net compiled and published by us, as a service to the public, much like a yellow page but on a convenient, nationwide basis. However, We does not provide or arrange for the provision of acupuncture services or supplies and the AcupunctureOffice.Net is not a referral service. We does not in any way endorse, guarantee or warrant (1) the qualifications, licensure or abilities of any individuals or organizations described in the AcupunctureOffice.Net or (2) the quality or efficacy of any products or services that these individuals or organizations may provide. You are solely responsible for reviewing the qualifications of any acupuncture provider you may choose, and for determining the appropriateness of any service or product that your acupuncture provider may recommend. In no event shall we be liable to you or any other entity for the direct or indirect consequences of any decision or action you or any other person might make in reliance on the information contained in the AcupunctureOffice.Net, including selection of a acupuncture provider or a acupuncture service or supply
The acupuncture professionals themselves supply information contained in the AcupunctureOffice.Net. We does not verify this information and cannot guarantee the accuracy, completeness, or timeliness of the information or claims contained in the directory. While we takes reasonable efforts to keep the information contained in the AcupunctureOffice.Net up to date, we assumes no responsibility for the accuracy of the information contained neither in the directory, nor for any errors or omissions that might be contained in the directory and associated listings and content.
Individual acupuncturists or acupuncture practices may make certain claims of specialty, experience or competence within their AcupunctureOffice.Net listings. All such claims have supplied by the acupuncturist or acupuncture practices themselves and have not been investigated or confirmed by us. We are therefore unable to verify whether any such claims are either accurate or permitted under relevant law, and thus accepts no responsibility whatsoever resulting from any errors or omissions in this information, or from any decision made or action taken based on this information.
Information contained in the AcupunctureOffice.Net (including but not limited to editorial content, logos and photographs) is either (1) our intellectual property and/or its affiliated companies or organizations, or (2) is published in the directory by us under agreements with third party acupuncturists, acupuncture practices and other organizations. The AcupunctureOffice.Net and/or any of its data, listings or other constituent elements may not be downloaded, republished, resold or duplicated, in whole or part, for commercial or other purposes, or for purposes of compiling mailing lists or any other lists of acupuncturists. Further, the use of the AcupunctureOffice.Net to establish independent data files or compendiums of statistical information prohibited.
By using our AcupunctureOffice.Net, you are accepting the proceeding terms and conditions.
8. LIMITED LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM: (A) RELIANCE ON THE WEB SITE MATERIALS, (B) LOSS OF USE, DATA, PROFITS, GOODWILL AND/OR OTHER INTANGIBLE LOSSES (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE AcupunctureOffice.Net SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AcupunctureOffice.Net), OR (C) DELAYS OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE), WHETHER BASED ON BREACH OF CONTRACT, WARRANTY BREACH, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF THE WEB SITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU FOR THE SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE DAMAGES OR $100, WHICHEVER IS LESS.
9. EXCLUSIONS AND LIMITATIONS
SOME STATES OR JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. RELATIONSHIP OF THE PARTIES
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between COMPANY and any user nor do these Terms extend rights to any third party.
11. NO THIRD PARTY BENEFICIARIES
You agree that there shall be no third party beneficiaries to the Terms.
You agree that COMPANY may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on AcupunctureOffice.Net.
13. ENTIRE AGREEMENT
The Terms constitute the entire agreement between you and COMPANY with respect to the subject matter hereof and govern your use of AcupunctureOffice.Net, superceding any prior understandings and agreements between you and COMPANY related to the subject matter hereof for the use of AcupunctureOffice.Net. The section headings in the Terms are for convenience only and have no legal or contractual effect.
14. DISPUTES WITH COMPANY, CHOICE OF LAW AND FORUM
All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) of your access to or use of the Content and website, including without limitation your or others' downloading or consumption of Content or other materials available by means of the web site or third party web sites, your uploading Content to the web site, or your purchasing of goods or services from third parties, will be exclusively resolved under confidential binding arbitration held in Santa Clara County, California before and in accordance with the rules of JAMS. Notwithstanding the foregoing, COMPANY will have the right to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights.
In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Santa Clara County, California. The Terms and the relationship between you and COMPANY shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree the UN Convention on Contracts for the International Sale of Goods shall not apply.
15. WAIVER AND SEVERABILITY OF TERMS
The failure of COMPANY to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
16. TIME LIMIT FOR FILING CLAIMS
Any claim or cause of action arising out of or related to use of AcupunctureOffice.Net or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In our sole discretion, we may assign these Terms by providing notice in accordance with the notice Section should COMPANY ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or substantially all of AcupunctureOffice.Net.