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You
agree that you shall not use the Web
Site in any way to:
(1)
post, disseminate or transmit any Content that is
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(2)
post, disseminate or transmit any Content which
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violation of a duty of confidentiality;
(3)
post, disseminate or transmit any viruses or other
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(4)
intentionally or unintentionally violate any local,
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post, disseminate or transmit any unauthorized
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to people or entities that have not agreed to be part of
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(6)
impersonate any person or entity, falsely state or
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disseminate or transmit any Content you do not have the
right to disseminate or transmit under law, or
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(8)
disrupt the normal flow of dialogue or otherwise act in
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engage in real time exchanges;
(9)
interfere with, disrupt, or harm in any way the Web Site
or servers or networks connected to the Web
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(10) stalk or otherwise harass another
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users;
(12) harm minors in any way.
(13) engage in any
activities that would violate the personal privacy
rights of others, including but not limited to,
collecting and distributing information about Internet
users without their permission, except as permitted by
applicable law;
(14)
intentionally omit, delete, forge or misrepresent
transmission information, including headers, return
mailing and Internet protocol addresses;
(15) engage
in any activities intended to withhold or cloak identity
or contact information;
(16) use
the Web Site for any illegal purpose, in violation of
any applicable laws or regulations or in violation of
the rules of any other Web Sites providers, web sites,
chat rooms or the like;
(17)
intentionally or unintentionally violate any
applicable local, state, national or international law,
including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any
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any regulations having the force of law.
User Content
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designees shall have the right (but not the obligation)
in their sole discretion to edit, refuse or move any
Content that is available via the Web Site, including
but not limited to the listings of the mesotheliomahq.com
Directory. Without limiting the
foregoing, mesotheliomahq.com and its designees shall have
the right to
remove any Content that violates these Terms or
Use or is otherwise objectionable. You agree that you
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use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that mesotheliomahq.com may
preserve Content and may also disclose Content if
required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably
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these Terms of Use; (c) respond to claims that any
Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of
mesotheliomahq.com, its users and the public. You understand
that the technical processing and transmission of the
Web Site, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of
connecting networks or devices.
By posting
Content to the Web Site, or by transmitting Content
using the Web Site, (1) you
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necessary permission to post or transmit the
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worldwide, non-exclusive, perpetual, royalty-free
license to fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and /or to
incorporate it in other works in any form, media, or
technology now known or later developed.
International Use
You
agree to comply with all applicable local laws regarding
online conduct and acceptable Content, including without
limitation, laws regarding the transmission of technical
data exported from the United States or the country in
which you reside.
No Reselling of Web
Site
You
agree not to sell, resell, reproduce, duplicate, copy or
use for any commercial purposes any portion of the Web
Site, or use of or access to the Web Site.
Termination
You
agree that mesotheliomahq.com may, in its sole discretion,
and at any time, terminate your use of the Web Site, and
may remove or delete any Content within the Web Site,
for any reason, without prior notice to you. You further
agree that mesotheliomahq.com shall not be liable to you or
to any third-party for any termination of your use of or
access to the Web Site. In the event of
any termination of this Agreement or your use of or
access to the Web Site, you agree the provisions
regarding Proprietary Rights, Indemnification,
Disclaimer or Warranties, and Limitations of Liability
shall survive any such termination.
Proprietary
Rights
You
agree that content available through the Web Site,
including without limitation, content in the form of
text, graphics, software, music, sound, photographs, and
videos, and content provided by suppliers, sponsors or
third party advertisers, is protected by copyrights,
trademarks, Web Site marks, patents or other proprietary
rights and laws.
Except as expressly authorized by mesotheliomahq.com
or the applicable supplier, sponsor or advertiser, you
agree not to copy, modify, rent, lease, loan, sell,
assign, distribute, license, reverse engineer or create
derivative works based on the Web Site or any content
(including without limitation any software) available
through the Web Site.
Disclaimer of
Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB
SITE IS AT YOUR SOLE RISK. THE WEB SITE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, MESOTHELIOMAHQ.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
MESOTHELIOMAHQ.COM DOES NOT MAKE ANY WARRANTY THAT
THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE
WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR
DOES MESOTHELIOMAHQ.COM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS,
WEB SITES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE WEB SITE OR AS A RESULT OF
THE WEB SITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY
USE OF OR AS A RESULT OF THE WEB SITE.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM
MESOTHELIOMAHQ
.COM OR THROUGH THE WEB SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of
Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO
CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL MESOTHELIOMAHQ.COM OR ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES
FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER
INTANGIBLES, EVEN IF mesotheliomahq.com OR ITS SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE
WEB SITE, (2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR WEB SITES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS
OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB
SITE, (5) THE CONTENT OF THE MESOTHELIOMAHQ.COM DIRECTORY,
OR, (6) ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY
TO YOU.
Storage of
Content
You
agree that mesotheliomahq.com may establish, in its sole
discretion and without prior notice to you, a maximum
amount of storage space that it will maintain for
Content disseminated or transmitted through the Web
Site. You
agree that mesotheliomahq.com has no responsibility or
liability for the deletion or failure to store any
messages, communications or other Content maintained,
disseminated or transmitted through the Web
Site.
Your Contact With
Advertisers Or Other Third
Parties
Your dealings with advertisers or other third
parties found on or through the Web Site, including your
participation in promotions, the payment for and
delivery of goods and Web Sites, and any terms,
conditions, warranties or representations associated
with such dealings are solely between you and the third
party.
mesotheliomahq.com does not make any representations
or warranties with respect to any goods or Web Sites
which may be obtained from such third parties, and you
agree that mesotheliomahq.com will have no liability with
respect to any loss or damage of any kind incurred as a
result of any dealings between you and any third party,
or as a result of the presence of such third parties on
the Web Site.
Links
The
Web Site, or third parties on the Web Site, may provide
links to other sites and/or resources over which
mesotheliomahq.com has no control. You agree that
mesotheliomahq.com has no responsibility for and no liability
for the availability of such external sites or
resources, or for the Content, advertising, products or
other materials available through such sites or
resources.
Indemnification
You
agree to indemnify and hold harmless mesotheliomahq.com, its
parents, subsidiaries, affiliates, officers, directors,
agents, employees, co-branders or other partners, and
suppliers, from any claim, demand, action, or damage,
including reasonable attorneys' fees, made by any third
party due to, arising out of or related to your use of
the Web Site, Content you submit, post or transmit
through the Web Site, your violation of the Agreement or
any rights of another, or your connection to the Web
Site.
Trademark Notices
mesotheliomahq.com, the mesotheliomahq.com logo are under application for
service marks and trademarks of mesotheliomahq.com. You may not use
or display these marks without mesotheliomahq.com’s prior
written consent.
All other trademarks appearing on the Web Site
are the property of their respective owners.
Copyright, Copyright Agent
mesotheliomahq.com respects the intellectual property
of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that
constitutes copyright infringement, please provide
mesotheliomahq.com's Copyright Agent the following
information:
1.an electronic or physical signature of the
person authorized to act on behalf of the owner of the
copyright interest;
2.a
description of the copyrighted work that you claim has
been infringed;
3.a
description of where the material that you claim is
infringing is located on the Web Site;
4.your address, telephone number, and email
address;
5.a
statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright
owner, its agent, or the law;
6.a
statement by you, made under penalty of perjury, that
the above information in your notice is accurate and
that you are the copyright owner or authorized to act on
the copyright owner's behalf.
mesotheliomahq.com's Copyright Agent for Notice of claims of copyright
infringement on its site is can beemailed at admin@mesotheliomahq.com
Applicable
Law
This Agreement shall be governed by and
construed in accordance with the laws of the State of
New York, USA, without giving effect to conflict of laws
provisions.
You and mesotheliomahq.com agree to submit to the
personal and exclusive jurisdiction of the courts
located within the county of New York, New York,
USA.
Miscellaneous
If
any provision of this Agreement is found by a court or
other binding authority to be invalid, you agree that
every attempt shall be made to give effect to the
parties' intentions as reflected in that provision, and
the remaining provisions contained in this Agreement
shall continue in full force and effect.
You
agree that any claim or cause of action arising out of
your use of the Web Site or this Agreement must be filed
within one year after such claim or cause of action
arose or it shall forever be barred, notwithstanding any
statute of limitations or other law to the
contrary.
Any
failure by mesotheliomahq.com to enforce or exercise any
provision of this Agreement or related right shall not
constitute a waiver of that right or
provision.
©
2004 mesotheliomahq.com, Inc. All Rights
Reserved.
