OANI ONLINE SERVICES AGREEMENT
Description of Service
The OANI Online Services Agreement ("Agreement") applies to OANI Web sites and electronic content, as well as any features or content OANI may add in the future. This Agreement refers to all of the above as "OANI Services." OANI Web sites include those on the Doctorortho.com domain as well as on other Internet domains operated by our agents or affiliates. This Agreement serves as the terms and conditions under which you access or use the site. In continuing to access or use the site, you agree to follow the terms and conditions of this Agreement as they may apply to you.
Acceptance Of Contract Terms
The following are terms of a legal agreement, which incorporates by reference other provisions applicable to use of Doctorortho.com, between you and Doctorortho.com. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. These terms are applicable to and bind any and all users browsing the Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. OANI makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. By accessing the site you indicate that you understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access the Agreement and other disclosures and regulatory materials on our Web site. Both this Agreement and our Web site include important disclosures and regulatory information that are associated with the OANI Services. When you access, browse, and/or use the Site, you consent to electronic delivery of that information in HTML format. To access, retain, and print the Agreement or other Web pages for your records, you should use a capable web browser (For example, Netscape Navigator 4.0 or Internet Explorer 4.0 browser or higher with Java Script enabled).
Revisions and Relation to Other Agreements or Disclosures.
OANI may revise this Agreement at any time, and you agree to be bound by future revisions. It is your responsibility to visit the "Legal" link at the bottom of the Doctorortho.com home page periodically to review the most current terms and conditions applicable to OANI Services. OANI may also offer other services from time to time that are governed by different or additional terms and conditions. OANI Services are subject to any disclosures or disclaimers found within the Services.
You alone are responsible for all messages posted, statements made, or acts or omissions that occur within any OANI Service through the use of the information you provide.
Your right to privacy is very important. We recognize that when you choose to provide information about yourself, you trust us to act in a responsible manner. We believe your information should only be used to help us provide you with better Site. Thats why we put a policy in place to protect your personal information.
OANI will not sell or otherwise transfer to any unaffiliated third party any personally identifiable information about any user, without that users informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. OANI allows access to database information by third parties providing technical services, but only to the extent necessary to provide you with those services.
OANI grants you a single, non-exclusive, non-transferable and limited personal license to access and use the OANI Services. This license is conditioned on your continued compliance with the terms and conditions in the Agreement.
Notices, Communications, and Electronic Signatures
You agree to accept all communications from us regarding use of the OANI Services at the addresses you provide. OANI is entitled to rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. You agree to be bound by any affirmance, assent or Agreement you transmit through the OANI Services you access by computer, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Use of OANI Services
The following requirements apply to your use of any OANI Service: You will not use any electronic communication feature of a OANI Service for any purpose that is unlawful, tortious, abusive, intrusive on anothers privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You will not collect or store personal data about other users. You will not use any OANI Service for any commercial purpose not expressly approved by OANI in writing. You will not upload, post, email or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication. You will not upload, post, email or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Transmissions, Data Security and Storage
Electronic communications through the OANI Services may not be encrypted. You acknowledge that there is a risk that data, including email, electronic communications and personal data, may be accessed by unauthorized third parties when communicated between you and OANI or between you and other parties.
OANI may provide a link to other sites as part of a OANI Service. OANI does not control the other sites, and OANI makes no representations whatsoever concerning the content of those sites. The fact that OANI has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and OANI cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold OANI liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
Disclaimer of Warranties
Although OANI tries to provide accurate and timely information through its Services, there may be inadvertent technical or factual inaccuracies and typographical errors. OANI reserves the right to make changes and corrections at any time, without notice. The information provided through the OANI Services is provided "AS IS" and "AS AVAILABLE." OANI does not warrant the accuracy, completeness or timeliness of the information, text, graphics, links or other items contained in the OANI Services. OANI provides no guarantee against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. OANI expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in the OANI Services. OANI may change information contained on the OANI Services at any time and makes no commitment to update the information contained on the OANI Services. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE OANI SERVICES.
Further, OANI makes no warranties regarding the OANI Services. OANI and its affiliates and agents disclaim all warranties, either express or implied, including but not limited to implied warranties of merchantability, accuracy, fitness for a particular purpose, and non-infringement.
Limitation of Liability and Indemnification
You agree to indemnify and hold OANI and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs or expense, including attorneys fees, made by any person arising out of your violation of this Agreement, state or federal laws or regulations, or any other persons rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Under no circumstances, including but not limited to a negligent act, will OANI or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, any OANI Service, even if a OANI authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The OANI Site may contain examples of certain exercises by way of providing users information. OANI is not prescribing these exercises, and you are prohibited from undertaking these exercises without first consulting your doctor, physical therapist, or other appropriate medical professional.
Restrictions on Use
Except as otherwise permitted by OANI, no materials from the OANI Services or any site owned, operated, licensed or controlled by OANI may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the OANI Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the OANI Services for public or commercial purposes, including any text, images, audio, or video without OANIs written permission.
Trademarks and Copyrights
The OANI Services are owned by OANI or its affiliates or agents and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to OANI or its affiliates or agents. Nothing contained on the OANI Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the OANI Services without the written permission of OANI or such third party that may own the trademarks displayed on the OANI Services. Your use of the trademarks displayed on the OANI Services, or any other content on the OANI Services, except as provided herein, is strictly prohibited.
Images displayed through the OANI Services are either the property of, or used with permission by, OANI. You are prohibited from using or authorizing the use of these images unless specifically permitted under this Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Modifications to OANI Services
OANI reserves the right to modify or discontinue, temporarily or permanently, a OANI Service (or any part thereof) with or without notice. You agree that OANI will not be liable to you or to any third party for any modification, suspension or discontinuance of a OANI Service.
Term and Termination
The license granted under the Agreement will terminate if OANI believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all terms and conditions for each OANI Service. Upon such violation, you agree to terminate access to the OANI Services. You agree that OANI, in its sole discretion and with or without notice, may terminate your access to any or all OANI Services, and remove and discard any information or content within a OANI Service.
The Agreement, and all future Agreements you shall enter into with OANI, unless otherwise indicated on such other Agreement, shall be governed by the law of the state of Illinois, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with OANI in Illinois or elsewhere. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.